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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45358
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been dismissed from a job without warning after 8 months

Customer Question

I have been dismissed from a job without warning after 8 months - it was instant and claimed poor performance and claimed they had discussed this with me. Not true - no meetings and nothing in writing. Im being paid till end of March with an extra month? Odd if my performance was so poor. My contract states I can be dismissed after written warning. Im in the process of emails trying to get dates of said meetings and details of poor performance.They also said they would supply a reference but im worried about future employee if I am dismissed for something I have no idea about? Emails from them are avoiding but civil and Im being very careful what I say. I think it must be a more personal issue and gave them the option to maybe change the reason and hinted at this as I think its better for my reference but they declined. Is this worth paying to see someone. thank you.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What would you like to achieve?

Customer:

well ideally id like to wake up tomorrow and its been a dream and I have my job back! But I guess id like them to admit it was personal - they have breached contract by not giving me written warning and I need a favourable reference!

Ben Jones :

Were you given any notice of dismissal?

Customer:

i was called into a room and told there had been complaints about me and i was to leave. I was shocked and didnt read letter till i got home. Letter stated poor performance and being unable to carry out tasks and paid till end of march plus an extra month.no previous discussion re work so came as complete shock. Not aware of being unable to do anything I was asked - was just reception and hospitality - had no complaints and not asked to do anything challenging anyway! im 57 and quite capable. Job was not difficult.

Customer:

i was punctual thought i was polite and agreeable - no time off sick - many compliments from visitors.

Ben Jones :

Did you have a contractual notice period for termination?

Customer:

one month

Customer:

contract said immediate for gross misconduct but after written warning or conviction or if i become bankrupt.

Ben Jones :

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.). 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, 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 they have given you the notice you were due then the dismissal would be legal

Customer:

wow thats so unfair! ok so im better off continuing with the civil emails to try and get a favourable reference. Cant claim breach of contract or push them as I had no 'chats' or written warnings.

Customer:

they should be thoroughly ashamed of themselves!

Ben Jones :

you cannot challenge the dismissal itself but if a reference is untrue that would be a separate matter and you can take legal action for negligence - of course until you know what they have said you cannot do anything about it

Customer:

thank you - i cannot afford to take this further so hope to resolve this with polite emails.

Ben Jones :

it is usually the best way, of course you can also threaten legal action even if you do not intend on taking any

Customer:

mmm well wish me luck with my polite emails lets hope they have some ethics! a favourable reference would be good.

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45358
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 2 years ago.
Even a neutral reference where they confirm dates of employment and job title is enough or most jobs and is a standard way to issue a reference, so as long as they do not write factually incorrect things it is acceptable.

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