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Forum - Advice on Work dismissal/gross Misconduct etc

Advice on Work dismissal/gross Misconduct etc

Hi All,

I wondered if someone could help me?

I am currently considering pursuing my previous employer for compensation etc.

In a nutshell, I was on paternity leave ( I have worked for my employer since 01 st September, all i had was an offer letter stating salary, 1 months notice period and start date nothing else)

In the latter stages of the second month October, my boss run into huge financial difficulties and was unable to pay any staff including myself ( I was on paternity leave at the time) eventually she paid me for ocotber work, however I recieved a letter stating my employment had been terminated due to unautorised paternity leave ( I had 2 weeks).

I never had a disciplinary procedure either regarding the above but obviously i was totally unaware my boss would act in this way.

All the way through my paternity leave i worked from home making calls and sending emails and was never informed at any point that my paternity leave was unauthorised nor did i recieve any emails advising me of that.

In my termination letter she stated that she had agreed with me that she would give me a week off as a gesture of good will we never ever discussed a week at all.

I was never advised either that my paternity leave was unpaid either if i had i just would not have worked during this time as I would have known it was unpaid leave.

I worked all the way up to the 8th November plus in my offer letter it advised me I had a month notice period plus was owed 4 days holiday acrued.

Can someone advise me where I stand, even though my employment was short surely I can claim the months notice period pay and upto the 8th November plus the 4 days holiday?

Thanks for any advice you can give me.

 

Tobias

 

 

 

 

Emmajane Taylor-Moran's picture

Dear Tobias,

I would be happy to provide a reduced rate initial consultation to discuss your rights and your options. Please note that you have 3 months less a day from the date of your termination to file a claim for unfair dismissal in the employment tribunal, so if you do decide to go down this route, you should not delay in getting specific advice about your situation.

Emmajane Taylor-Moran

Gelbergs Solicitors www.gelbergs.co.uk 0207 226 0570

Law Donut's picture

Hi Tobias,

unfortunately we cannot give you any specific advice, however you may find it useful to read our factsheet on Dismissing employees: key facts (but please note this is written from the employer's rather than the employee's perspective). Regarding Paternity leave, unfortunately in order to qualify for Ordinary Paternity Leave you have to have been with your employer for at least 26 weeks by the end of the 15th week before the start of the week when the baby is due. This sounds rather complicated so I would suggest you have a look at the DirectGov website page on Ordinary Paternity Leave which gives more information on what you may/may not be entitled to.

The Law Donut team

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