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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47376
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Dismissed after 4 months without notice. I should get 1 months

Resolved Question:

Dismissed after 4 months without notice. I should get 1 months pay and 6.5 days holiday as per my contract. Dismissed without any prior warnings. Received a letter saying that based on the warnings I'd had they are able to dismiss me and for misconduct of duties. Again no warnings had occurred up to this point.

Is it possible for me to send a copy of my contract and the letter I have just revived to someone who I can pay to write a legal letter in response.

I know I can go to court for unfair dismissal on so many grounds but instead just want my months pay plus holidays owed.

Please advice [email protected]

Thanks
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. Just to let you know first that we cannot write/send letters on your behalf but we can discuss your legal rights and what you can do to apply them, is that ok?

Customer: Hi Ben, No problem that is fine
Ben Jones :

Thanks., Did you have a contractual notice period?

Customer: It was 1 week in the probation period of 3 months and 1 month after up to 2 years it states in the contract. I had been employed for 4 months.
Ben Jones :

So you have been paid up to date for work already done and are just after the notice period and any holidays?

Customer: That's correct
Ben Jones :

ok let me get my response ready please

Ben Jones :

You won’t be able to make a claim for unfair dismissal because you do not have the required service to do so. 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 the employer refused to pay you the notice period when one was due then that would amount to wrongful dismissal (which is different to unfair dismissal).


 


You can then make a claim for the money owed by making a claim for wrongful dismissal in the employment tribunal or for breach of contract in the small claims court.


 


Before you do so you should give the employer the opportunity to try and resolve this without the need for legal action so you need to send them a letter yourself, state what you are due and why and give them a time limit to pay you, advising them you will have no choice but to go down the legal route if necessary after that.

Customer: I have already sent a letter stating that it is wrongful dismissal to the employer. They have responded with a load of lies saying they have not authorised holidays and I only have a weeks notice. How do I go about taking this to a tribunalAlso the employer has not payed my tax and NI for the 4 months of employment!
Ben Jones :

The wrongful dismissal claim can be made online:

https://www.employmenttribunals.service.gov.uk/employment-tribunals

The tax issues can be raised directly with HMRC

Ben Jones :

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? Thanks

Customer: You should know that my employer is my brother in law and the reason for dismissal is purely based on a family disbute. Does this change anything?
Expert:  Ben Jones replied 3 years ago.
Hi, no, legally that would not change anything - it is not unlawful or discriminatory to use a family dispute as a reason for dismissal so in the circumstances it is entirely possible for the employer to use that as a reason to dismiss

If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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