# Jobseekers Benefit with unfair dismissal claim pending



## meganc (4 Nov 2007)

Hello,
I was recently "not invited" back to work after a fixed-term contract ended with my employer. I am considering pursuing a claim for unfair dismissal, but someone told me that with a claim pending I may not be eligible for Job Seekers benefit. I will receive a P45 from my employer and be out of work. Does anyone know if Social Welfare requires information about such pending claims and if so, do they deny beneift because of it? It could be months of process if I pursue the claim.

Thanks.


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## whampiri (5 Nov 2007)

Yes you are entitled to claim social welfare.get your butt into the office first thing tomorrow morning and explain your situation.DON'T and let me reitterate DON'T wait for your p45. you can not have money backdated for periods except in exceptional circumstances and this will not be considered one.(insider info)

Make sure you're paid for holidays etc and make sure you're taking the proper legal case against your employer e.g. if you were there for over 2 years are you getting redundency?
Was it unfair or constructive dismissal(from what you've said it sounds unfair,since you didn't leave the job.)

9.30 am-12+2-4. bring 2 forms of ID and a proof of address(gas,esb,landline phone) in to your local office and take a number. Hope you get everything sorted!


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## meganc (5 Nov 2007)

Thank you for your valuable insight and for the tips on navigating social welfare.

I have full time work until the end of the month, at which time I'll be seeking my benefits. I'm not planning to file the claim until then or after so that I both have the time to organise it properly and am not pursuing it while I'm still employed there. 

I was at my job for 2 years and was not offered another contract - no redundancy. I am claiming unfair dismissal as I was never warned in any fashion - verbal or written. They did the same to two others there as long as me - no warning or valid reason. Easy speculation is that as they would have to offer us permanent positions if we stayed, they're giving us the boot to save a few bob. Not the nicest way to manage staff!


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## Nellie123 (6 Nov 2007)

As this was a contract (not permanent employment) and the contract is complete I can't see the grounds for unfair dismissal or any other kind of dismissal. It appears no new contract is being offerred. Sorry, it happens!

First day out of work....Down to Soc. Welfare with Passport or Long Birth Cert
Proof of Address, PPS No. and P45 if you have it (you have 21 days to produce it) 
No payment will be received for the first 3 days of unemployment. Payment starts from day 4.
Good Luck
N


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## whampiri (7 Nov 2007)

Nellie123 said:


> As this was a contract (not permanent employment) and the contract is complete I can't see the grounds for unfair dismissal or any other kind of dismissal. It appears no new contract is being offerred. Sorry, it happens!
> 
> First day out of work....Down to Soc. Welfare with Passport or Long Birth Cert
> Proof of Address, PPS No. and P45 if you have it (you have 21 days to produce it)
> ...


 
You're not quite right here. If a person is employed for any longer then 1yr 363 days.2years and they're left go, then they're entitled to redundency at the rate of 2 weeks for every year +1 bonus week.in this case 5 weeks minimum.the contract may or may not have stipulated that redundency would be paid but it makes no difference as you can't sign away your statutory rights.
As for unfair dimissal goes,i'd drop it.a contract is a contract and it's up to the company as to whether they want it to continue or not.


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## meganc (9 Nov 2007)

Thanks all for the help. Just curious, though, if I'm entitled to at least a 5 weeks redundancy that the company is not offering, is it not in my best interests to at least pursue that if not the unfair dismissal? I understand that a company can decide what to do at the end of a contract, but if my rights are protected by statute, why wouldn't it be a good idea to pursue it? Just curious....this is obviously new ground for me, so I want to tread lightly if at all.


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## plant43 (9 Nov 2007)

You say that they didn't give you notice, yet you're working with them until the end of the month. Sounds like they gave you plenty of notice. You should pursue the redundancy, but I don't think you have a claim for unfair dismissal.


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## ClubMan (9 Nov 2007)

As mentioned earlier surely unfair dismissal does not apply in the case of a fixed term contract simply not being renewed?


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## meganc (10 Nov 2007)

According to Dept. Enterprise Trade and Employment, fixed term contract employees are protected by the Unfair Dismissals Act if you've been working longer than a year. Also, I never said they didn't give notice, I said they didn't give a reason. That would be the basis of my claim if I decide to pursue it; just because it is a fixed term contract doesn't mean they don't have to follow normal procedure of 2 verbal warnings, 1 written before dismissal. There are also other details involved, but to be honest that's not why I originally posted - I just wanted to make sure that I'm eligible for Jobseekers Benefit if I do pursue a claim.

I'm not pulling something out of the air because I'm disgruntled, I'm only interested in pursuing the protection if my rights have been violated, in which case the rights of others have been, too, which to me makes it a more important procedure so that the practice doesn't continue.


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## ClubMan (10 Nov 2007)

I still don't get it. If you're on a fixed term contract and it runs out then the employer is under no obligation to extend it or give you any reason for not doing so (or not "inviting you back" as you put it). I really cannot see how anything in your original post suggests grounds for unfair dismissal.


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## bacchus (11 Nov 2007)

whampiri said:


> You're not quite right here Nellie123



Where did Nellie123 state that OP was not entitled to redundancy?


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## bacchus (11 Nov 2007)

Meganc,
I understand your dissapointment and frustration of loosing  your job while others are keepting it.  Reading your posts, one  can  really think  you are trying to "build" an unfair dismissal case with very few arguments.
As previous posters stated i do not see either any grounds for a claim (fixed contract terminated with notice - Pretty clear cut to me). 
The redundancy element detailed by whampiri seems to be the only things left to argue with employer.
I think you are entitled to time off with current employer to find a job (at least i was when i was in similar situation ar yours).
May time to move on and focus your energy on finding a new job.
Good luck


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## plant43 (11 Nov 2007)

meganc said:


> just because it is a fixed term contract doesn't mean they don't have to follow normal procedure of 2 verbal warnings, 1 written before dismissal.



What would be the point of fixed term contracts then?


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## RainyDay (25 Nov 2007)

ClubMan said:


> I still don't get it. If you're on a fixed term contract and it runs out then the employer is under no obligation to extend it or give you any reason for not doing so (or not "inviting you back" as you put it). I really cannot see how anything in your original post suggests grounds for unfair dismissal.


I understand there have been cases where rolling fixed term contracts have been deemed to be effectively permanent employment by the courts. Didn't the HSE have to offer permanent positions to a load of contract staff earlier this year?


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## dontaskme (26 Nov 2007)

meganc said:


> just because it is a fixed term contract doesn't mean they don't have to follow normal procedure of 2 verbal warnings, 1 written before dismissal.


 
This is the case if the dismissal is on disciplinary grounds but in your case, if the contract has expired the company dont have to employ you any more and it may have nothing to do with discíplinary issues.

If your contract says "this contract lasts until end of November 2007" then the company can probably let you go at this point assuming they give the correct notice and you have been there less than two years.


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## monkeyboy (27 Nov 2007)

meganc said:


> just because it is a fixed term contract doesn't mean they don't have to follow normal procedure of 2 verbal warnings, 1 written before dismissal.
> .



Surely you were not dismissed...your contract just ended and was not renewed, I also fail to see your case aside from some redundancy.

What were you looking for to be told twice and reminded once more in a letter that your contract would end at the end of the month?


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