Statute of Limitations on employment law

Diogenes

Just a question is there a statute of limitations on unfair dismisal?

I feel I was unfairly dismissed from a job 2 1/2 years ago. Can I still take this to an employee tribunial?

The deal is this christmas 2005, the company I was with needed to make a rapid downsizing loosing 1/5 of it's staff overnight. My department consisted of me, and a new graduate I'd trained up on the job. Unsurprisingly they fired me, as my salary was 10k more than hers.

I recieved one verbal warning six months prior to this, it was in a period that I was regularly working 16 hour days, and I was criticised for one or two sloppy mistakes I made while exhausted. My former managers, both of whom have left the company, would sing my praises to the high heavens as regard to my professionalism and knowledge of the job.

Do I have a case for unfair dismisal and how would I go about it?

tHE vAGGABOND

Obvious quesiton is why take the case now - and not before?

homah_7ft

Diogenes wrote:

Just a question is there a statute of limitations on unfair dismisal?

I feel I was unfairly dismissed from a job 2 1/2 years ago. Can I still take this to an employee tribunial?

The deal is this christmas 2005, the company I was with needed to make a rapid downsizing loosing 1/5 of it's staff overnight. My department consisted of me, and a new graduate I'd trained up on the job. Unsurprisingly they fired me, as my salary was 10k more than hers.

I recieved one verbal warning six months prior to this, it was in a period that I was regularly working 16 hour days, and I was criticised for one or two sloppy mistakes I made while exhausted. My former managers, both of whom have left the company, would sing my praises to the high heavens as regard to my professionalism and knowledge of the job.

Do I have a case for unfair dismisal and how would I go about it?

The short answer is that you are too late. You have to make a claim within 6 months (a year for exceptional circumstances).

Diogenes

tHE vAGGABOND wrote:

Obvious quesiton is why take the case now - and not before?

The answer is simple, my field is fairly rarified and in order to get alternative employment I needed to move to the UK straight away and got carried away by that. I did consider it at the time, but the company was literally on the brink of bankrupcy and as I had skills and training that ensured me employment elsewhere, did I really want to tip the brink of this company and cost my friends and former co workers their jobs? These were people with mortgages, young families. The company now has additional investors and is liquid now.

This is hindsight after the fact, I'd not really thought about this until a chance encounter with a UK personal manager and I recounted the situation and she was furious. According to her, the trainee should have been let go and I offered a reduced salary or some alternative. I was presented this in a literally "clear out your desk now" situation. The industry I work in (media television and film) is fairly cut throat and ruthless, and generally companies feel themselves above the law when it comes to employee regulations about working hours holidays and overtime. Management of these companies feel that theres so many people desperate to get into this field, they can abuse and mistreat employees as they see fit, as there are 10 people willing to fill everyones boots. I think it's time for white collar workers in this field to get a bit agressive and re-unionise. As I'm reconsidering a move back home, I was interesting to see if I could test the waters with this kind of case. But as Homer pointed out I'm out of luck.

Ta though.

homah_7ft

You are right to at least see what could be done. It's wrong that in some industries they believe themselves to be above the law. You know better for the future or advising others in similar situations now.

Newaglish

Were you fired or made redundant? Just curious, seems shocking they could have fired you just to downsize.