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 conviction did you get? Also when did you start the job?
I unfortuantely do not know the specifics of all the convictions, but I believe the worst was an ABH in 2009, there were also common assaults and a breach of order. My director did not even request the specifics of these so his understanding was I had convictons relating to violence. I started with his company 03/03/14
Were you issued with notice of dismissal?
I've had no paperwork as yet. He let me address my team to resign to save me any embarrassment
Did you have a contractual notice period?
I believe so, I had signed and submitted a company contract to HR
Contract states - first 26 weeks of employment will be trial during which either paty may terminate by serving one weeks written notice.
ok thanks, XXXXX XXXXX get my response ready please
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.). Unfortunately, none of these would apply in your case.
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. Your acts do not amount to gross misconduct so you would be due your notice period of 1 week, plus any accrued holidays for the period you worked there.
However, in terms of challenging the reasons for the dismissal, I am afraid you cannot do so, even if you did nothing wrong to start with. You simply have no protection against unfair dismissal in the circumstances, hence cannot challenge the dismissal reasons.
Okay, at least I know not to chase my tail, thank you for your answer
You are welcome and sorry it may not have been the answer you were hoping for...
Thats life unfortunately
Thanks again, take care