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. can you tell me why you were dismissed
I am a software developer. I have been dismissed because , my code was in the wrong place and because of that there was a data loss in the live environment.
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Thanks for your patience. As you have been correctly advised 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.).
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 you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.
However, you cannot actually make a claim to challenge the dismissal itself and all you can do is appeal to the employer directly by using their appeals procedure. If that appeal is rejected then you cannot take the mater any further, unless you can show the dismissal was due to a discriminatory reason.
Hi, before you try and exit chat can you please let me know if your original query has been answered or if you need me to clarify anything else in relation to it before I close this at my end?
If I need to know the employers appeal procedure do I have to call them and ask them or how do I know what the procedure is.
you can ask them directly about it, but if you cannot find out then it is simply done by sending your reasons for appeal to them and asking them to consider these
Is there any template as to how to appeal.
No, you simply list the reasons for appeal and state you wish to appeal the dismissal
Last question , should it be a formal letter to them.
What do you mean by formal?
I mean whom it is addressed and the reason why I feel it is unfair etc..
Well there is no such thing as a formal or informal letter - a letter is a letter so in this situation you must simply send it to your manager or the person who dealt with the dismissal and list your reasons as to why you do not agree with that decision, asking for a formal appeal hearing
ok thank you very much. I just wanted to know the procedure so that I am following the right process
No that is it really, unless they have their own separate procedure but as mentioned you need to find that out from them first
All the best with it