FabSwingers.com forum: Legal advice

By *punkymonkey40 OP Man
over a year ago

derby

I am a cleaner and worked at a business centre for just under 2 years, I work on my own and was furloughed in November and the company had already employed a cleaning company to cover holidays /sick leave and when we furloughed

On 20th of January I got the call to say that my role is no longer required, this is also in the letter and that my job finished as of immediate action from 21st of January and being a month's notice in liue.

Now the cleaning company is on permanent contract with their own cleaner.. I was already on minimum wage. I have been in contact with citizens advice and they are going to help me with a letter on wrongful dismissal and to see what happens.

I understand losing my job if they making cut backs and there was 2 or more cleaners or the job is no longer there or they change the times and it clashes with another job I understand.. But to say my role is no longer required sounds like they are saying that the job is no longer there.. But there is a job there and my the position as not changed.

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By *icecouple561Couple
Forum Mod
over a year ago

East Sussex

You've done the right thing contacting citizens advice. You could also look at the ACAS web site.

Good luck

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By *punkymonkey40 OP Man
over a year ago

derby

Thanks I did contact acas and said nothing I can do because I been under 2 years but was not happy with the outcome so explained to citizens advice and after awhile he said it can be dealt with has wrongful dismissal.

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By *g1231974Man
over a year ago

wetherby

There is an argument that, under TUPE, you should have been taken on the the cleaning company in your previous role.

The fact that you have been employed for less than 2 years, however, substantially reduces the options open to you as many employment rights are only, practically, available to employees with two years or more service.

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By *octor DeleriumMan
over a year ago

Wellingborough

Potentially you have grounds to pursue an action for wrongful dismissal which is a breach of contract by the employer.

This occurs when an employee is dismissed from their employment without notice, or without the correct amount of notice in accordance with their contract. A job 'being finished with immediate action (effect) doesn't fit with the requirement to give notice.

You need a solicitor or lawyer versed in employment law. Most of the decent ones will provide 30 minutes of De Bono time to consider if you have a case.

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By *punkymonkey40 OP Man
over a year ago

derby

Thanks for the replys all this as been giving me so much stress especially with covid and trying to get another job

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By (user no longer on site)
over a year ago

I cant offer advice but I do wish you the best of luck and I hope things work out for you.

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By (user no longer on site)
over a year ago

Were you on a zero hours contract?

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By *mnipotent_BehemothMan
over a year ago

near Merry Hill shopping centre

The length of service may be an issue but as the service was contracted out I would have though TUPE would have applied, and I don’t think length of service affect that, were you the only cleaning staff or are others involved?

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By *punkymonkey40 OP Man
over a year ago

derby

I am the only only cleaner onsite

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By *iaisonseekerMan
over a year ago

Liverpool

If they have paid your contractual notice, a wrongful dismissal claim will get you nowhere I'm afraid.

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By *rHotNottsMan
over a year ago

Dubai & Nottingham

They can do this, it’s just outsourcing and common reason for redundancy but sounds like they have not done it right, you should have been put at risk of redundancy and consulted.

The way they have done it sounds like they are just terminating a temp contract rather than making you redundant

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By *punkymonkey40 OP Man
over a year ago

derby

I was on a permanent contract

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By (user no longer on site)
over a year ago

"If they have paid your contractual notice, a wrongful dismissal claim will get you nowhere I'm afraid."

Afraid I agree. Under two years a factor.Normally they would have two or at least one consultation with you...but with covid-19 ..the reason they can give is 'could not have face to face consultations.'.

How shortsighted of the business premises to finish you then start a contract cleaners...now they'll have to pay double if not treble..

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By *punkymonkey40 OP Man
over a year ago

derby

Didn't get any consultation at all, all I got originally on the phone that 'we can't keep you on with furlough, as the government is clamping down' and that there is no work to give me'

This only a bit in the letter by stating that 'your role is no longer required' which does sound that my position or job is no longer there i.e the office is closing and they ain't got anywhere to put me to carry on my contractual hours.

And neither over the phone nor in the letter does she write that my position as been replaced by a company so there is no real reason for the dismissal apart from that my post is not required.

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By *punkymonkey40 OP Man
over a year ago

derby

I guess all I can do is do the letter with citizens advice, follow their instructions and see what happens then take it from there. It's upsetting because I liked my job

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