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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47858
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been told Im no longer required as a 16 hour a week

Resolved Question:

I have been told I'm no longer required as a 16 hour a week administration assistant. My position is going to be given to the office junior who's full time hours are going to be reduced from 40l to 30 hours. A new person is to be taken on in administration full time to work with the office manager as we have been doing. Is this legal?
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.

Customer: This situation probably no unusual but the company is my brothers, family! I started working for him after he desperately needed me the beginning of August of last year this was full time and covering staff holidays. In September once holidays where over I was asked to work 16 hour per week. I've never been given a contract, I feel like I've been taken advantage of.
Customer: I also feel for the junior as she's worked for the company two years and gone into work at 7.30am at the drop of a hat and not gone home until things where truly sorted as myself.
Expert:  Ben Jones replied 4 years ago.
Thanks for your patience. If you have been continuously employed at your place of work for less than 2 years then your employment rights will be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period. Unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to explain the law as it actually stands and sometimes this does mean delivering bad news. Please let me know if you need me to clarify anything.

I would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
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