unfair dismissal? No notice given

**cojak** · 31 March 2011, 16:44

Hi ladylumps28, welcome to the CUK boards.

1st question - are you a permanent employee or are you a contractor?

**SimonMac** · 31 March 2011, 16:54

Originally posted by ladylumps28 View Post

I have been working for a company for approximately 3 years, there was a break of service (employers choice) for approximately 8 months. After which the employment recommenced under the original contract. Now I have been dismissed as other staff can do the job. I have not been given notice, pay has stopped and I have not had any written confirmation. Do I have any rights in this case?

Thanks

How long have you been back working with them since the enforced break? And what were the details the break (unpaid leave, gardening leave etc)?

**northernladuk** · 31 March 2011, 17:14

You mentioned a contract. What are the terms in that contract? Have you read it to check? A bit more information might be useful here

**Incognito** · 2 April 2011, 23:28

Originally posted by ladylumps28 View Post

I have been working for a company for approximately 3 years, there was a break of service (employers choice) for approximately 8 months. After which the employment recommenced under the original contract. Now I have been dismissed as other staff can do the job. I have not been given notice, pay has stopped and I have not had any written confirmation. Do I have any rights in this case?

Thanks

Unfair dismissal concerns the reasonableness of the dismissal, i.e. Accused of theft - was there a proper investigation, grievance procedure, appeal process etc. Wrongful dismissal concerns the actual breach of contract, i.e. Not allowed to work notice etc.

Whether or not you have rights depends on whether or not you could be considered an 'employee' or as Cojak asked, permie or contractor?

unfair dismissal? No notice given