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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47904
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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my son crashed his car as he was leaving work last night and

Resolved Question:

my son crashed his car as he was leaving work last night and this morning he was sacked by his employers. The reasons given were somebody could have seen him and therefore he would have given the firm a bad name and also his "gung ho" attitude has cost the company money and he could cost somebody their life. He has not been given any verbal or written warnings during his employment to this effect and he offered to pay for the broken wing mirror on the day it happened. Is this possible grounds for unfair dissmisal?
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. How long did he work there for?

Customer:

from december 12th 2013 till this morning

Ben Jones :

Was he given or paid for any notice of dismissal?

Customer:

they said he will be paid for the work he has done minus the cost of the damage to the car and a refund of a course they sent him on

Ben Jones :

did he have a contract that allowed them to do that - deduct these costs?

Customer:

yes re the course i remember seeing that in the contract but re the car zac did go to halfords to get a replacement wing mirror and they told him not to worry about it they would sort it

Ben Jones :

If he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that his employer can dismiss him 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 he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.).


 


If the dismissal had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period, because unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. His employer would either have to allow him to work that notice period and pay him as normal, or they will have to pay him in lieu of notice. I would not say that this was gross misconduct so he should push for his notice period, plus any holidays owed to him that remain untaken.

Customer:

what about age he is only 19 years old. so they can sack him because he may have embarrassed them.

Ben Jones :

it is obvious that age has nothing to do with the reason for dismissal, just because he is young does not mean that was the reason for dismissing him and I cannot see any evidence to back that up. They can legally sack him for embarrassing them, they can pick any reason as long as it is not discriminatory

Customer:

thank you for your answer

Ben Jones :

you are most welcome

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