Unfair dismissal?

[FGGSoprano]

Scenario is

Small business

delivering chilled foods

company wasnt making enough money

So my boss laid off 3 kitchen staff and a 'driver'

I was told on the friday my job was safe and she was laying off her son(driver) and general idiot

she shook my hand and told me my job was safe and that i had to learn part of a new round which her son was going to show me on the monday...

monday came and he showed me the new part of my round

Tuesday afternoon i got a phonecall saying she was laying me off due to he business not making any money???

I have found out since the son is doing my round

do i have a case?

[Sasha13]

How long have you been working there?

Do you have a contract of employment?

If you do, does it state a trial period and if so, has the trial period been completed?

From what I can tell from what you've said, could be Unfair dismissal and Wrongful dismissal.

[starmack]

It looks likely you might have been "selected unfairly" for redundancy.

What are the service lengths for yourself and son? Were you both doing tasks which are broadly comparable? Could be crucial?

Is there a process in your job terms which describes how this might be decided?

Go to a citizens advice website, or visit the centre. Let us know how you get on....Good luck.

[FGGSoprano]

No contract i had worked there for a year and 4 months

business wasnt professional at all

[starmack]

What sort of terms of redundancy were you paid in being laid off. Minimum presumably?

Agaian, your citizen advice centre (in nearest town) is best place to start, if you are not a trade union member.

[FGGSoprano]

a weeks pay

she also said i was getting 4 days holiday pay which i never got

she also dismissed me by telephone

[starmack]

What service length did son have?

[Sasha13]

I would definitely go to CAB - the rules around redundancy are varied and complex and depend on lots of factors, for example the size of the business.

The ACAS website may help too - just google it.

[FGGSoprano]

bout 4 months

he also doesnt have a driving license he has been banned

i couldnt make this up

[starmack]

The holiday pay you have ALREADY earned; it is based on days you already worked.

It looks like an unlawful deduction from your severance package. Did you get any letter when you were leaving? Fid you get any letter (of appointment) when you were joining?

Again, I believe these are items a citizens advice centre will be good on.

You could/should also consider a claim in the small claims courts for your holiday pay. The fee is usually small and you could claim the expense as part of your claim.

I had a massive sum (four figures) of holiday money withheld from me in a previous employment but as I had signed a legal document saying that all monies due had been discharged I disqualified myself from claim. A bitter lesson.

[starmack]

Are there any government contracts involved in that run, or to hospitals etc. They would not be happy to hear an uninsurable driver was delivering on their premises. There are major insurance implications for them.

1. Preliminary: You seem to have been "unfairly selected" for a redundancy. You should get advice/support on pursuing it.

2. Your holiday pay you are entitled to. Definitely pursue it.

Again, good luck.

[FGGSoprano]

I do have a new job incidentally

but it is still a bitter pill to swallow considering i had a young family and xmas approaching

its a matter of principal for me and also my ex boss is a nasty piece of work

so i should go for it really

[starmack]

Great that you have a new job. It gives you space to 'go after it.'

Forget about how stupid and hurtful they were as employers. ALL organisations are the same, big and small, at the end of the day. No exemptions.

You seem entitled to the items you describe. Get advice.

[FGGSoprano]

My former boss gave me a 'glowing' reference to my new one

Guilt perhaps?!!

Ty for all the answers

[ojread2]

My first port of call would be the police station to report the son! He is a danger to other road users

After that, the CAB

Good Luck :)