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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44941
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, I have been working for a company since 17th February.

Customer Question

Hi,

I have been working for a company since 17th February. I have a contract in place where it states 4 weeks notice to be given by either party or if four weeks notice not given payment will be made for the notice. I was signed of work Monday morning for three days due to conjunctivitis and received a call from my work yesterday afternoon telling me not to bother coming back.

I am shocked to say the least as no reason was given, and through my time with them they have never commented that they were unhappy with me or the work I was carrying out for them.

They seem to think the law is on their side but I am doubtful of this. I am a single mum also so this has put me in a difficult situation especially considering the cost I went o in order to start working for them with chidcare etc as my son is only 8 months old.

Can you please give me advice on where I stand?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.Can you please tell me have you had regular one to ones with you line manager

JACUSTOMER-6pm1f74c- :

No I haven't. I did receive an email from my director after my first week though stating how happy he was that I was in the team and how good I was doing at the job

Ben Jones :

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.

JACUSTOMER-6pm1f74c- :

ok thanks

Ben Jones :

Many thanks for your patience. 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.). However, as I cannot see any of these exceptions applying here, you would not be able to rely on them to claim there was an automatically unfair dismissal so you will not have protection against the dismissal itself.

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 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.

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Ben Jones :

I see from your rating that you were not entirely satisfied with the service I have provided you with. Please remember that you are only rating the service you received, not the contents of my answer. As a lawyer I have to be honest and quote the law as it is and it may not necessarily be the answer you wanted to receive - unfortunately there is little I can do about this. My main priority is to ensure that you leave our site satisfied. Therefore, please get back to me with any further questions you may have or let me know if I can clarify anything further for you and improve your rating. Thank you

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