help re employment appeals tribunal

gizc

hi
dp was let go in March - told on a friday sorry you're last in first out , company has no money. he was given owed hols but no 2 weeks notice.
he has submitted forms for redundancy and all his employer has said is sorry i've no money
in june he took on a new guy in essentially dp's role but with a slight difference i'm assuming to cover his ass.
so dp is awaiting a date for the employment appeals tribunal- is it worth his while to engage a solicitor for it or go alone
we just assumed he'd get the €5k he's owed but i met an accountant recently who felt he'd get more due ti lack of notice, breech of contract (there was none) and basically not going about the redundancy properly !
we are clueless so any advice is welcomed thanks

blueythebear

gizc wrote: »

hi
dp was let go in March - told on a friday sorry you're last in first out , company has no money. he was given owed hols but no 2 weeks notice.
he has submitted forms for redundancy and all his employer has said is sorry i've no money
in june he took on a new guy in essentially dp's role but with a slight difference i'm assuming to cover his ass.
so dp is awaiting a date for the employment appeals tribunal- is it worth his while to engage a solicitor for it or go alone
we just assumed he'd get the €5k he's owed but i met an accountant recently who felt he'd get more due ti lack of notice, breech of contract (there was none) and basically not going about the redundancy properly !
we are clueless so any advice is welcomed thanks

Your friend has a choice. He can take the redundancy (which would consist of 4 weeks wages per year worked plus one week) if he has worked at least two years. However, it looks like there was no sort of redundancy procedure used so he may have a cause of action there.

However, it also seems that he may actually have a cause of action for Unfair Dismissal with the Minimum Notice issue also.

Only a solicitor can advise you on the most appropriate course of action but bear in mind that you have a strict 6 months time limit on most causes of action in employment law and if your friend was dismissed in March that means you only have until the end of the month to lodge relevant forms.

See a solicitor as soon as possible.

gizc

thank you blueythe bear
he has lodged forms with the employment appeals tribunal and is awaiting a date , you don't have to bring a solicitor but if we thought it would be worth our while we would engage ours, our fear is if dp gets just statuatory redundancy and we bring a solicitor he'd take a big chunk in fee's
if we dont bring one are we doing ourselves out of a larger claim ??
i know its prob cheeky me asking here and we should ask a solicitor but we've no money to be paying fee's for advice at the mo