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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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i was sacked on thursday 20 february 2014, having been employed

Resolved Question:

i was sacked on thursday 20 february 2014, having been employed in my job since 2003, with no written warnings or bad marks against me for refusing to show my boss text messages on my own private mobile phone. He sacked me because of my negativity . my question is do i have any legal come back on him?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today. Were you paid notice pay and do you have any reason to believe you have been discriminated against in this decision?

Customer:

I do think i have been discriminated against and i was sacked at 10.45 and told to leave the building immediately.at present i have received no payments whatsoever and since i did not carry out a notice period i doubt i will get paid.

taratill :

on what basis do you think you have been discriminated against, in particular do you believe it is on the grounds of race, religion, sex, disability, age, sexual orientation, pregnancy or for raising a health and safety complaint?

Customer:

I do not feel i am discriminated with the above options you have given, but i do feel i am discriminated against because my boss asked the questions and i give the answer. he doesnt like the answer and sacks me, it is extremely hard to explain via computer.

taratill :

Ok understood, very briefly what were the texts about?

Customer:

I managed a pub in the east neuk of fife the owner has two pubs in the area. his second pub had no waiting staff for the half term break, i was ask to provide my staff to cover this period, which i did.we had a meetin on thurs am. and he asked me about staffing. i said we would need more staff at easter espiecially at his second pub. he said what about leaving the staff i had sent there,there. i said no becaue

Customer:

sorry i presses send by mistake. i said no because the staff didnt like it at his second pub. he said how did i know , i replied the girls had text me. he demanded i show him i refused mainly because they were complaining about the chef at the other establishment and i didnt want to get her in trouble, also the text were private to my phone

taratill :

Ok thanks, XXXXX XXXXX have less than 2 years employment you cannot claim unfair dismissal. In effect an employer can dismiss for any reason provided you are not discriminated against on the basis of sex, age, race, religion etc. (as I have listed above). The boss does, however, need to pay notice pay. This would be whatever period is set out in your contract of employment or if there is not one it is a weeks pay per year of your service. In addition you are entitled to a payment in lieu of outstanding accrued holiday pay. If you are not paid then you can bring a claim of wrongful dismissal and for breach of the Working Time Regulations (failure to pay holiday pay) in the Employment Tribunal. You should write to him to request payment first. If he does not pay then you can lodge a claim at www.employmenttribunals.gov.uk

taratill :

I agree with you that the employer's actions were in appropriate and, if you had more than 2 years service then you would have the right to claim unfair dismissal.

taratill :

If there is anything else you would like to know about this please do let me know.

Customer:

i have been employed at the pub since 2003 which is alot longer than 2 years

taratill :

Ok I am sorry I misread it I though it said 2013! in that case you should appeal and raise a claim of unfair dismissal. You will definitely win as your employer has not got a fair reason to dismiss you and has not followed a correct procedure.

taratill :

You will find a claim form at www.employmenttribunals.gov.uk

taratill :

All the best with this.

taratill :

If there is anything further you would like to know please do ask. If I have answered your question I would be grateful f you would take the time to rate my answer. Thank you.

Customer:

thank you.

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