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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47426
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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what about employment tribunal? would someone who has not

Customer Question

what about employment tribunal?
would someone who has not working at the company less than 2 year be able to take us to a employment tribunal if we dismissed then and they thought it was unfair
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. Can you tell me if the person has any disability's or special needs

Customer:

no they do not

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.

Ben Jones :

Hello again, an employee with less than 2 years' service can only make a claim in the tribunal if they can show that the dismissal was conducted in breach of contract or if they can show that it was automatically unfair.

A breach of contract dismissal would usually only occur if you had not paid the person their notice period due under contract, paid them their wages or you have not followed a contractually binding dismissal procedure.

The circumstances in which a dismissal would be automatically unfair are limited and if I recall I already provided you with a link of what they would include:

http://www.lawdonut.co.uk/law/employment-law/dismissals-and-redundancies/circumstances-when-a-dismissal-is-automatically-unfair

Assuming you did not dismiss in breach of contract or there was no automatically unfair reason for dismissal, the employee would not be able to claim against you

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? I just need to know whether to close the question or not? Thanks

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

sorry busy week


thanks

Expert:  Ben Jones replied 3 years ago.
No problem at all, thanks for taking the time to come back

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