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tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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I was told that i was no longer needed on site as a security

Resolved Question:

I was told that i was no longer needed on site as a security guard. 2 weeks later i was paid for 2 weeks work i had done. when i asked for holiday pay and notice pay I was told i had been dismissed for gross misconduct. holiday was paid and i was told they had sent a letter I have never recieved witten confirmation of why i was dismissed. should i ask for copy letter
Submitted: 3 years ago.
Category: Employment Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

How long had you worked there for please?

Customer:

29th august 2013 until 12th january 2014

tdlawyer :

Then you would be entitled to one weeks' notice pay at the ver least if this was NOT gross misconduct.

tdlawyer :

What do they say is the reason for dismissing you?

Customer:

they said that they had sent me a letter explaining why i had been dismissed but never recieved it

tdlawyer :

okay and they never told you verbally?

Customer:

all i was told was that i was no longer needed, collect my belongings, leave my work clothing behind and leave at end of shift

tdlawyer :

Then you must ask for a copy of the letter, yes. You are entitled and need to know why it is said you were dismissed.

tdlawyer :

This will affect your entitlement to notice pay. It sounds like you have no idea why the dismissed you though, which suggests to me it's unlikely to be gross misconduct, in which case, once you receive the copy letter, if you believe you didn't do what they say (or that its not bad enough to be gross misconduct) then I would encourage you to consider making a complaint to the employment tribunal.

tdlawyer :

Most employers would probably just pay up the extra week's notice pay at that point.

tdlawyer :

You should check your contract too though and make sure you're not entitled to more than one week, as sometimes employers give more than they're legally required to.

Customer:

my contract states that after completion of my probation period that if i am let go that i am to be given 4 weeks notice

tdlawyer :

Then if you're out of your probation period, then that's the amount you should be pursuing - 4 weeks notice pay.

Customer:

thanks.. i will write to them today stating that i have had legal advice and asking for a copy of the letter

Customer:

should i mention emplyment tribunal if i dont recieve letter and 4 weeks notice money

tdlawyer :

Yes, I think you're entitled to do that, and more to the point, he would be expecting you to!

Customer:

thanks so much... i will send letter out this weekend and give former employers 7 days to respond

tdlawyer :

Okay. That's a good idea. Is there anything more you would like to ask me?

Customer:

at the moment i cant think of anything... if i encounter any more problems i will be in contact

tdlawyer :

No problem. Thanks for your question.

Customer:

thanks

tdlawyer :

Please remember to rate the answer for me. Thanks! Have a great weekend.

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