Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
What do you hope to achieve please?
I would like to understand my rights in relation to this breakdown between my boss and I.
OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you
Until this morning I was fairly sure that my boss was over-reacting to our personality clash, but today I see an appointment in his diary between himself and the HR officer here. And then later, a "1-2-1" with me that isn't in my diary. All signs that I am about to be ambushed.
The main issue here will be your length of service. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately 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, and without following a fair procedure, 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.).
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, because 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. However you cannot challenge the dismissal itself unfortunately so if that is the way the employer wants to go then it can happen.
I see. Thankyou for the advice.
If they do get rid of me today, is there anything I can do about references or statements to protect my employability?
I am obviously concerned to be able to get another job.
The employer has no legal obligation to provide a reference but if they do it must be truthful and not misleading. So they can provide a reference that mentions this incident if they wanted to but it must be factually correct
I understand. I'll warn them of that - hopefully that will stop any problems later.
That's it. Thanks for the help.
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