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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47362
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello, recently I started a job as a planning and scheduling

Resolved Question:

Hello, recently I started a job as a planning and scheduling manager, for a local construction company. Before I signed my contract and started with them, I disclosed that I in fact had a criminal record from some 3 years ago and informed them that the convictions were to do with violence as I had to complete a CRB check for the client the company was contracted with. The gentleman arranging the position (a director of the company) told me this would be fine and 'I wouldnt be the first or last'. I started my position on the 3rd March this year and have settled very quickly in to my new role. Yesterday, 12th March, the same director called me into his ofice to let me know that unfortunately I could not work for the company on the associated contract as it would be a risk to their business. He assured me that this was in no way a reflection on my work or behaviour whilst with them and was obviously a technicality. He said he could not submitted the forms regarding the CRB which I suggested maybe taken into account the time that has past. He insisted that yesterday would be my last day and that was that. I feel slightly aggrieved to have left a job for this position (as it was a promising career step) and I am now unemployed. He offered no severence other than confirm I would be paid for the time I had worked their. I requested that he pay me to the end of the month as a buffer to find more work and he said 'he wasnt comfortable with that'. I feel I have been completely honest and my past convictions in no way would affect my ability to do the job nor do they relate to the position in any way. I was wondering what my legal grounds are and if you could give me any advice or is this what it is and there is nothing I can do?

Regards,

Glen Owen
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

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?

Customer:

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

Ben Jones :

Were you issued with notice of dismissal?

Customer:

I've had no paperwork as yet. He let me address my team to resign to save me any embarrassment

Ben Jones :

Did you have a contractual notice period?

Customer:

I believe so, I had signed and submitted a company contract to HR

Customer:

Contract states - first 26 weeks of employment will be trial during which either paty may terminate by serving one weeks written notice.

Ben Jones :

ok thanks, XXXXX XXXXX get my response ready please

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.). 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.

Customer:

Okay, at least I know not to chase my tail, thank you for your answer

Ben Jones :

You are welcome and sorry it may not have been the answer you were hoping for...

Customer:

Thats life unfortunately

Customer:

Thanks again, take care

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