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Ask taratill Your Own Question
taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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What kind of safety do I have at work without a contract?

Resolved Question:

What kind of safety do I have at work without a contract?
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. Do you mean in terms of employment rights?

Customer:

I have never received a contract and there have been issues at work.

Customer:

if I am not issued a contract can they just get rid of me on the spot?

Customer:

I downloaded a virus in error.

Customer:

sent a viral email to a colleague in black humour though I know they woul

Customer:

dnt open it

Customer:

sent emails how regarding my divorce and it seems to have bottle necked the server at work

Customer:

now prba

Customer:

probably looking at being disciplined or fired

Customer:

none done with any malicious intent and I am now on pills from the doctor for depression

taratill :

how long have you worked there for?

Customer:

it was 2 years 20 February

Customer:

I am trying to find another job as my nerves cant take this

taratill :

Hi the lack of a contract does not mean that your employer can dismiss you without following a disciplinary procedure.

taratill :

Even if a disciplinary procedure is followed the employer must have a fair reason to dismiss. If this was an error and its the first time it has occured then you can argue that it is unreasonable to dismiss you in the circumstances. Especially if you are also having person problems.

Customer:

well it is the first time that this has happened to me.

taratill :

have they dismissed people for the same thing before?

Customer:

I have no idea it is a very small company

taratill :

I would suggest you explain that it was an error and you are sorry and that this is affecting your health. Hopefully they will then reassure you that there is nothing to worry about.

Customer:

I cannot even speak to my boss about things as I am too scared and he is looking after a dying mother so he is quite emotional at the moment,

Customer:

I know a colleague is clear to make an example of me

taratill :

Hi well then you will have to wait to see what happens. If you are dimissed you need to appeal and raise a claim in the employment tribunal.

Customer:

yes but that takes time and money

taratill :

If you have any further questions please ask. If I have answered your question Please take the time to rate my answer. Thank you all the bes.t

taratill :

I am sorry it takes time and money but that is the legal position.

Customer:

thank you of course.

taratill :

No problem, I hope it works out. Please remember to rate my answer as I am not otherwise credited for my time.

Customer:

ok

taratill :

Thank you. Once you have rated my answer you will be able to come back to me for follow on questions in the future.

Customer:

ok

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