Unfair dismissal under twelve months.

SuperBelly

Here's one for ye. Say you have been dismissed from work on a charge of gross misconduct that was never investigated. Under 'Unfair dismissal' statutes you would have a very strong case as no disciplinary or grievance procedures were followed. But what if you had only 11 months service, the reason for dismissal was serious but unfounded, does this leave you with no recourse? Can you claim damages through 'wrongful dismissal' in the civil courts as your right to natural justice (an implied term in every contract) was infringed and would these damages amount to much? Any thoughts?

harry4141

Superbelly, I don't think you've a leg to stand on once you only have eleven months service!
The company can just say "Its not working out and goodbye":o

Wishbone Ash

harry4141 wrote: »

Superbelly, I don't think you've a leg to stand on once you only have eleven months service!
The company can just say "Its not working out and goodbye":o

+1

LegacyUser

If they said this is not working out goodbye that would be fair enough. But of they gave reason for dismissal would that not be another story?

SuperBelly

Absolutely, but what if you have made the unfounded accusation clear as the reason for firing them and only realised afterwards that you didn't investigate it properly. Have you left yourself open to legal recourse?

Nody

SuperBelly wrote: »

Absolutely, but what if you have made the unfounded accusation clear as the reason for firing them and only realised afterwards that you didn't investigate it properly. Have you left yourself open to legal recourse?

Solicitor question but it would depend on what was written down and even then I'd be doubtful but either wya solicitor.

hannahmum

Hi,

I was involved in a constructive dismissal case, initial hearing in front of a tribunal, and because the person in question was using 2 weeks holidays (paid with her final paycheque) to bring her over the 12 months service, the case was basically thrown out of 'court'.

So I would say that no matter what the circumstances, the 1 year rule applies. With holidays accrued, this person was in fact just over the 1 year, but because she hadnt worked these last few days, they wouldnt continue with, or hear any details of the case.

SuperBelly

hannahmum wrote: »

Hi,

I was involved in a constructive dismissal case, initial hearing in front of a tribunal, and because the person in question was using 2 weeks holidays (paid with her final paycheque) to bring her over the 12 months service, the case was basically thrown out of 'court'.

So I would say that no matter what the circumstances, the 1 year rule applies. With holidays accrued, this person was in fact just over the 1 year, but because she hadnt worked these last few days, they wouldnt continue with, or hear any details of the case.

This is an attempt to bring an unfair dismissal claim that under 12 months. Such claims need 12 months to be legally valid. I'm trying to see if an employee can take you to court on a wrongful dismissal which is through the civil courts, because he claims his 'rights to natural justice' were breached?

Nody

SuperBelly wrote: »

This is an attempt to bring an unfair dismissal claim that under 12 months. Such claims need 12 months to be legally valid. I'm trying to see if an employee can take you to court on a wrongful dismissal which is through the civil courts, because he claims his 'rights to natural justice' were breached?

And the only one to answer that is a solicitor as it is clearly stated in the charater that legal advice can not be asked. The most likely answer is no (short of the big 7) but only a solicitor can answer the question with the relevant circumstances in the case.

Eoin

SuperBelly, you are interchanging unfair and wrongful dimissal - they are different things. Wrongful dismissal doesn't require 12 months service but you have to prove breach of contract, as far as I know.

Your best bet is to talk to a solicitor as Nody has said already.