Tribunal Claim Afternoon Everyone,
I am in the process of submitting a claim to the N .I Tribunal for unfair dismissal, breach of contract, and breach of confidentiality on behalf of my mother. I was hoping for peoples thought on the below.
Brief History
- Job-Clinic Manager of a Cosmetic Surgery Office
- Time- Employer 5 Yrs, 11 Mths
- No contract offered, no written statement of particulares provided
- Company bought out- TUPE provisions applied- Implied contract transfered.
- Job Role and salry mantained
- Due to stress and strain on running clinic solely, my mother advertised and interviewed fo assitance and employed a sales assistant
- Secondsly a nurse was brought on board (aspirations of managing)
- Mother agreed informally on phone to take a step back to relieve stress, and thus began to carry out more admin based role (this was offered not requested), no written statement of new role provided , signed , or agreed
Dismissal
Risk details were sent via email, no criteria mentioned, numbers affected not mentioned, no objectivity or policy related too, comapny claimed missing correspondence sent to a wrong number address, checked this is also a lie, database is correct and neighboure received nothing. company apologised
Consiltation Meeting ?
Asked to attend Dublin (office in North not South ) for a meeting, could not attend as had doctors meerting (reletated to stress from managing clinic on own, was not a 1 person job). All other staff had meetings and at their office. So no consultation meeting was held at all, no reson to suggets why not ?
Does ths class as autmaticaaly unfair ?
Job Role
Was let go as admin, was she actually an admin ?, salary was that of a clinic mager and did not drop, only written document in company's possesion is a form filled in when new company took over stating she was clinic manager, badge was same title, and emailing lists all referred to as clinic manager (accepetd she did more admin than managing but there is not formal alteration of position of change in salary-merley in one conversation)
Was this a valid change of position ?
Objectivity- As my mother ran the whole office (fully competently and acknowledged by company ) how could she have been chose over the staff she brought in esp the sales memeber who had been employed only 1 month (no redundancy due, not possible to match in any given selection criteria as my mother has all experience and more qualifications), she was not asked as to her sales credentials (has these as well) or given an oppurtunity to put her case forward as to why she should not have been made redunadnt.
Collective or Individual
As no details were supplied it is unknown how many employees were let go, the firm has some 20 branches, therefore likely it is over 20, but not known, how does this impact the consultation period and my mother directly ? Have they witheld this on purpose, No specific trde union or memebrship is applicabe
Appeal
My mother appealed the decsion, details of which were leaked to the staff, claiming that my mother cited the two girls in the office as the reason, this is a complete fabrication and was leaked on the day of the xmas dinner, nearly caused them to all fall out but my mother reassured them they were not the subject of her appeal.
What extent is this a breach of confidentiality,,how far can it be pursued that this damaged her chances of gaining employment, as this is a small community ie belfast and a niche ares
False Documents
Minutes of meetings is flase, wrong people listed in atendence and contains inaccurat or completely wrong data
Our thoughts are that in her accepting a reduced role inforamlly she put herself in limbo especially due to the salary she was on, my mother is likewise apporaching 60 and the too new staff under 30, age discrimination and wage appears to be relevant to the case
If anyone has any comments or advise on the folowing it would be greatly appreciated as the 3 month deadline runs from 6 th Jan to 6th April
Thank Kindly
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