Can i sue an employer for automatic unfair dismissal, discrimination and victimisation

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Foxtrot292

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Aug 2, 2025
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Hi,

I was employed by a company for 8 months before a relevant business transfer took place.

On or around april my name was included on the tupe list of staff, by june my name was removed without my knowing. I was told by HR (on or around 15 june) that my name was never on the list and when i provided evidence it was then included again.


On 17 june i was asked to attend a consultation meeting with a new employer. I asked if there will be an ETO restructuring but was told that staff jobs and roles will be the same but there may be a slight variance in the job title.

I received a regulation 13 letter after working hours on the same day. I was then sent a later stating that i will be required to stay back upon the proposed transfer date of 20 june. On 19 june after work hours i received a notification from the previous employer that the new employer did not accept that i should stay back.


On the transfer date, i was never contacted by the new employer and had to chase the new employer, and raise a grievance with my former employer due to the lack of consultation and last minute information provided.

The new employer then contacted me on 24-25 june and asked me to take a job title which was something i did 3-6 years ago and was promoted to a managerial role ever since. The responsibility of the role leaned towards litigation and i told them that i have only worked in a supportive capacity in this regard and raised my concerns that this will put me at a disadvantage. I received no written response from the new employer.

I was isolated from the other legal team members and was told that I will be invited to the weekly team meetings. I was never invited by the new employer.i am the only member of staff of black ethnicity.

I never received any negative feedback regarding the quality of my work and my last feedback was thank you for the work which i did and then i was asked to do another task.

The new employer has now decided to dismiss me for capability stating that I lack a specific certification and advocacy experience. Albeit, i informed them that i am working towards the qualification stated and this was pre-requisite when i was employed by my previous employer. Not all members of the same department have the requested qualification so i believe my dismissal has been dismissal.

Please not multiple staff members in my former employment that were transferred to the same employer were provided with entry level roles (of same colour) (one person confided in me seeking advise and he is a person of black colour).

I had approved leave and informed my manager (who even wished me a great holiday). On the last day of my leave i was told that i was absent from work and this was raised as a concern by my manager.

I wish to sue both employer and the agency which i was employed to prior to being transferred.

Please advise if i have a strong case as i have only worked for a combined 10 months.
 

JEREMY HAWKE

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    While I have always been on the other side of the fence
    It shocks me that union membership has declined and those that could really benefit from a membership shoot themselves in the foot everyday by ignoring this protection .
     
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    fisicx

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    @Foxtrot292 - you can sue anyone you like. Whether you win or not depends on the strength of your case and how good your solicitor.

    Your story is confusing and a bit rambling. Get all your documentary evidence together and write a timeline of events. Keep it factual and free of emotion.

    Then pay for an employment solicitor to review the case.
     
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    JEREMY HAWKE

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    @Foxtrot292 - you can sue anyone you like. Whether you win or not depends on the strength of your case and how good your solicitor.

    Your story is confusing and a bit rambling. Get all your documentary evidence together and write a timeline of events. Keep it factual and free of emotion.

    Then pay for an employment solicitor to review the case.
    I would say that this is where a claim would fall apart it's all over the place and the firm would have probably covered themselves for any come back
     
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    Foxtrot292

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    Aug 2, 2025
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    You cannot claim unfair dismissal unless you have 2 years continuous service, unless you can link it to an equalities act claim. so concentrate on that and see a lawyer.
    Thank you- i am not seeking unfair dismissal but automatic unfair dismissal arising from the TUPE process. E.g i was lied to by HR that my name was never included on the TUPE list, whereas i provided evidence to include this fact and was then relisted. I still hold this evidence.
     
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    Foxtrot292

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    Aug 2, 2025
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    Please see a synopsis (redacted for obvious reasons)- I am not sure if i should pursue this claim.


    15 November 2024:

    • I Began employment as Head of Legal with Company A, working for and on behalf of company B.
    April–June 2025:

    • Informed of a TUPE transfer due to loss of business contract at company A.
    • Initial confusion over whether I would be included in the TUPE transfer list; my name was added, removed, and then added again after I raised concerns and provided evidence. Specifically, i was told by HR in June 2025 that my name was never included. Whereas my name was included as far back as April 2025.
    17 June 2025:

    • Attended a consultation with Company C regarding the TUPE transfer.
    • Received a regulation 13 letter after working hours following this meeting.
    • Company C stated there would be no ETO (economic, technical, or organisational) reason for dismissal, but there might be a slight variance in job title.
    24 June 2025:

    • Received a “notice of change of employer” letter from Company C stating my new role would be Legal Advisor and that I would receive a new employment contract.
    • Sent an email to HR and the Compliance Director (Company C) expressing concern that the Legal Advisor title would put me at a disadvantage and asking for confirmation of my job roles and functions. I received no response. This was a role that I did in 2019 and 2023 and was promoted ever since then.
    25–26 June 2025:

    • Introduced to other departments at company C On 27 and 28 June 2025, despite being approved to attend a legal conference.
    • Was told by the Head of Legal at Company C that I would be invited to weekly legal team meetings, but I was never invited and was isolated from the legal team.
    20 June 2025:

    • Employment with Company A ended.
    1 August 2025:

    • Dismissed by Company C, allegedly due to lack of certain qualifications, despite other colleagues not being required to meet the same criteria.
    Throughout Employment:

    • Treated less favourably than white colleagues and other people of colour (e.g., in holiday approvals, job requirements, and opportunities).
    • Not provided with a new employment contract as promised after the TUPE transfer.
    • Raised concerns about discrimination and disadvantage, which were ignored.
    • Suffered stress, anxiety, and health issues as a result of the treatment.

    Key Legal Issues:

    • Automatic unfair dismissal (TUPE-related, no ETO reason given)
    • Race discrimination and less favourable treatment
    • Victimisation for raising concerns about discrimination
    • Breach of contract (failure to provide new contract, notice, holiday pay)
    • Failure to consult and inform under TUPE
    There are other issues which i can raise but understand that this is public forum.
     
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    Newchodge

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    Please see a synopsis (redacted for obvious reasons)- I am not sure if i should pursue this claim.


    15 November 2024:

    • I Began employment as Head of Legal with Company A, working for and on behalf of company B.
    April–June 2025:

    • Informed of a TUPE transfer due to loss of business contract at company A.
    • Initial confusion over whether I would be included in the TUPE transfer list; my name was added, removed, and then added again after I raised concerns and provided evidence. Specifically, i was told by HR in June 2025 that my name was never included. Whereas my name was included as far back as April 2025.
    17 June 2025:

    • Attended a consultation with Company C regarding the TUPE transfer.
    • Received a regulation 13 letter after working hours following this meeting.
    • Company C stated there would be no ETO (economic, technical, or organisational) reason for dismissal, but there might be a slight variance in job title.
    24 June 2025:

    • Received a “notice of change of employer” letter from Company C stating my new role would be Legal Advisor and that I would receive a new employment contract.
    • Sent an email to HR and the Compliance Director (Company C) expressing concern that the Legal Advisor title would put me at a disadvantage and asking for confirmation of my job roles and functions. I received no response. This was a role that I did in 2019 and 2023 and was promoted ever since then.
    25–26 June 2025:

    • Introduced to other departments at company C On 27 and 28 June 2025, despite being approved to attend a legal conference.
    • Was told by the Head of Legal at Company C that I would be invited to weekly legal team meetings, but I was never invited and was isolated from the legal team.
    20 June 2025:

    • Employment with Company A ended.
    1 August 2025:

    • Dismissed by Company C, allegedly due to lack of certain qualifications, despite other colleagues not being required to meet the same criteria.
    Throughout Employment:

    • Treated less favourably than white colleagues and other people of colour (e.g., in holiday approvals, job requirements, and opportunities).
    • Not provided with a new employment contract as promised after the TUPE transfer.
    • Raised concerns about discrimination and disadvantage, which were ignored.
    • Suffered stress, anxiety, and health issues as a result of the treatment.

    Key Legal Issues:

    • Automatic unfair dismissal (TUPE-related, no ETO reason given)
    • Race discrimination and less favourable treatment
    • Victimisation for raising concerns about discrimination
    • Breach of contract (failure to provide new contract, notice, holiday pay)
    • Failure to consult and inform under TUPE
    There are other issues which i can raise but understand that this is public forum.
    This is a forum for business owners. Any response you get will be from that point of view. You need to see a lawyer.
     
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    Newchodge

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    Thank you- An employee does not need 2 years' service to claim automatically unfair dismissal (ACAS) and section 7 TUPE.
    You being, apparently, a lawyer should be able to read the law.

    Section 7 makes no reference to time limits.

    ACAS guidance, which is not law, statea:

    Qualifying service
    For a claim of unfair dismissal in a TUPE context, an employee generally needs to have at least two years of continuous employment. However, some dismissals may be "automatically unfair" regardless of service length, such as those related to discrimination.

    That does not say that TUPE related UD ignores length of service.

    See a lawyer.
     
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    Foxtrot292

    Free Member
    Aug 2, 2025
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    I worked full time as an employee of company A but for and on behalf of Company
    You worked for company A - an agency? Company C took over company B who engaged company A. Is that correct? I didn't think TUPE applied to agency workers?
    I worked full time for Company A as employee but was asked to also work for company B. eg i amended the company policy for company A whilst also registering trademarks, drafting commercial agreements and seeking to resolve commercial disputes for company B.
     
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    JEREMY HAWKE

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    Thank you- An employee does not need 2 years' service to claim automatically unfair dismissal (ACAS) and section 7 TUPE.
    This is a common theme on here

    The expert gives the right advice and the OP disagrees because it's not what they want to hear
     
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    fisicx

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    Thank you all for the responses- I have spoken to a learned friend (tri-qualified) who stated that I have a strong case
    Excellent! Does this mean they are taking on your case and will represent you in court?
     
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    Newchodge

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    Thank you all for the responses- I have spoken to a learned friend (tri-qualified) who stated that I have a strong case
    I am glad to hear that. Presumably they mean you have a strong case for race discrimination. You haven't explained any of the acts of discrimination in enough detail for anyone here to be able to form an opinion, or given the dates of those acts by the first employer, to understand whether you can take a case against them.
     
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    Foxtrot292

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    Aug 2, 2025
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    I am glad to hear that. Presumably they mean you have a strong case for race discrimination. You haven't explained any of the acts of discrimination in enough detail for anyone here to be able to form an opinion, or given the dates of those acts by the first employer, to understand whether you can take a case against them.
    Thank you very much and yes, they have agreed to represent me. For good reasons I have not provided a full chronology but enforcing my statutory rights under the equality Act, victimisation and automatic unfair dismissal including breach of contract will be a cornerstone of my claim.
     
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    fisicx

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    As this thread now seems to be answered it can now be closed.
     
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