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Is this unfair dismissal???

5 replies

MelT76 · 02/07/2008 18:33

I started a new job in January and found out I was pregnant not long after. I informed work and they were ok with it, and even asked if I was planning on going back. They seemed releived that I was.

However, 2 weeks ago I was told that the company were going into administration and that my position was no longer needed ( I was the financial controller and the only accounts person there!) Have since discovered that the person who did the job before me (the directors ex wife) is back doing the accounts!

I was also told that I should get a months pay in leiu of notice but have just had only 3 weeks of wages dropped off to my house and told I would have to claim it from somewhere! But i can only claim 1 week cant I?

Im so mad. Do I have a claim and where do I start? I have already spent most of the week on the phone trying to get MA and other benefits sorted.

Sorry for the long post

OP posts:
edamdepompadour · 02/07/2008 18:36

Sorry, don't think there's a lot you can do given you've only worked there for six months and if it is genuinely going bust. BUT you are entitled to all your wages to the day you are sacked.

at any rate, google ACAS and see what you can find out. Or go to the CAB.

MelT76 · 02/07/2008 18:37

I forgot to mention they have set up another company doing the exact same thing. All the same staff except me and one other who's job they filled internally.

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Freckle · 02/07/2008 18:50

If you can bring a claim for sex discrimination, the length of employment is irrelevant. I would seek legal advice regarding bringing a claim for sex discrimination as the redundancy was clearly a fabrication in order to get rid of you.

flowerybeanbag · 02/07/2008 19:37

Mel have a read here about TUPE and here about redundancy.

If you have a read of those it certainly doesn't sound like a genuine redundancy. Normally if you have been made redundant and it wasn't a genuine redundancy your claim would be unfair dismissal, which you don't have the right to claim with less than a year's employment.

However as Freckle says, if there is discrimination involved, you can bring a claim from day 1. You can also claim unpaid wages from day 1.

I think you should consider going to have a chat with the CAB about your options. It sounds like you may have a good case for sex discrimination but I would suggest you talk to someone about exactly what would be involved in bringing a claim. Claiming the unpaid wages is simpler. The CAB should be able to talk you through both.

MelT76 · 03/07/2008 07:31

Thanks. I am going to go to the CAB today and start the ball rolling.

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