Fired from work.....What right do you have.?

Question

My husband and 3 work friends were fired ( he was in the building tradein the uk) there was no misonduct, just your all fired. He has been with the company just under a year, 11 months to be exact. They never gave him a contract. He has never been bad at work so has no waringings verbal or writen. We are so angry but as he has been there under a year does he have any right!!!!

Thanks guys :)

Answer 1

Was he "fired" or laid off? There are lots and lots of building firms going under at the moment...we are in recession, with house sales stagnant...you can't get blood out of a stone...

Answer 2

if they did not give him a reason he can sue! my husband works for risk managment and he is aware of most laws in that department and he has made it clear that it is against the law tell him to collect unemployment and call an attorney when it comes to work it is free!!! so at no cost to you!

Answer 3

Assuming he works in the UK...

With less than 12 months service he has very few employment rights. All he can expect from his employer now is :

a) pay for the hours he has worked

b) pay in lieu of notice (if he has no contract then he might want to take advice about how long his statutory notice period is - see local CAB for help)

c) pay for accrued holiday

Time to start looking in the paper...

Good luck!

Answer 4

In the UK a contract is formed once the employer offers a position and the employee accepts it.  It is the written statement of terms of employment that your husband has not been issued.

Unfortunately it is correct in most cases that an employee who is dismissed within the first year has no recourse - sorry.

Your husband is however due notice pay - the UK statutory is 1 week for anyone who has been employed for more than 1 month.  If he hasn't received this then I suggest your husband writes to his ex-employer requesting the statutory notice payment that he is entitled to.  

You should always make sure that anything like this is done in writing and that the letter is sent recorded or special delivery, so that there is a clear record.

Answer 5

If he had no contract, he has no rights I am afraid. I think it's just a sign of the times, I know some people in the building trade, and things aren't looking too bright at the moment.

I'm sorry to hear your news, but I don't think there's much point getting angry, and there's not a lot you can do  except look for new work.

Answer 6

With no contract and paid under the table, you have no workers rights. Sorry.

Answer 7

You can research labor laws for your area online.

In the US, we have a concept called at-will employment. It means that without a contract, you can be fired or choose to quit at any time for any or no reason at all.

It would surprise me if a similar concept doesn't apply in the UK.

Answer 8

If your husband has under one years service then he cannot take an unfair dismissal claim unless he has been dismissed due to discrimination, being a union member or because he asserted a statutory right.

He might possible have a wrongful dismissal claim.  This is different to an unfair dismissal claim as you are claiming a breach of contract.  Although he did not have a written contract he did by law have a contract because he worked for over one month.  The contract will be the terms he actually worked.  He was legally entitled to one weeks notice, all outstanding wages and all holiday pay earned but not taken.  If he has not received these then he can take a claim for wrongful dismissal.  But be warned, all this will get him is the missing payments - it will not get him any compensation for being dismissed.

Answer 9

With most companies, you have to be employed over 12 months before you can take a company to an industrial tribunal.

Answer 10

Not sure where the last answer is coming from but in the UK under 12 months I'm afraid you have no employment rights. Two avenues you could talk to an employment law lawyer about (but it won't be free) are that every employee has a right to a contract within 13 weeks of being employed and the other is to think about making a case for discrimination. Who was not laid off, were all the ones laid off of a particular ethnic group etc.