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Unfair Dismissal?

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nat_84 | 09:38 Mon 20th Oct 2008 | Law
8 Answers
I have been back at work for 3 months after having my daughter.

I was ill on Wednesday so called in sick. I hardly ever am sick! I work part-time and came back to work this morning to read emails from my boss (to my colleague and his wife) saying he wants me gone.

Im furious. This is surely unfair and based on the fact that i was off sick for one day and i think it is also because of my maternity leave.

DO i have a leg to stand on!?
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I take it from reading your post that the email you read was to your colleague and not to you. If so you're obviously not sacked but your boss is obviously looking for a way to get rid of you! Just make sure you do your job to your ability and ensure your punctual and take little time off and they will have to fabricate a reason for getting rid of you. However, most importantly get/keep a copy of this email safe and if they do dismiss you unfairly you can use this as evidence if you have to claim unfair dismissal.
By the way - don't use the PC for private use if your at work - this may be used against you!
yes, keep the email!
Question Author
Thanks guys, have printed off all the emails.

IM getting made redundant, he's going to talk to me today - just awaiting for him to call me in!

Not sure i'll have a case if he doesnt actually bring someone in to replace me.
The organisation you work for is skating on very thin ice. It is quite difficult (legally) to just pick one employee out of the air and make them redundant - and they certainly cannot replace the post within 3 months if they do declare a redundancy.
It really depends what deal they offer you. If you are in the market to be made a deal then it is possible for you to sign a 'compromise agreement' for which your company should ensure you receive independent legal advice at their expense where you essentially sign away your rights in exchange for a (large) dollop of cash.
If you wish to stay, the evidence that you have managed to obtain by accident indicates that your organisation is trying it on. Keep the email. keep cool, say nothing and see what happens. The way this is heading, you would have a reasonable case for unfair dismissal at an Employment Tribunal. Such cases typically result in cash settlements and/or the job back.
if you were employed for a year or more then you can takre the company to tribunal for unfair discrimation also ask the company to give you in writing the reasons for your termination of contract remenber there is a limited time o put the details into the tribunal fo a complaint i think it is three months
Question Author
HI All,

Quick Update:

I was made redundant yesterday. Despite asking whether i could take my remiaing holiday next week and leave this week he said "no, i need your support next week".

I was made redundant on the basis that they could no longer afford me and he basically blamed teh credit crunch.

Since, i have evidence of Cv's and exchanged emails trying to find a replacement for my job temporarily.

I aslo have evidence that he wanted to sack me for "not pulling my weight" - which all escalated because i took that one day off ill.

I'm awaiting my fellas mum to get back from Australia - she is a freelance HR Manager and will fight all my cases.
let me at em

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