Employment Lawyers Can Answer Your Employment Law Questions
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?
Thanks., Did you have a contractual notice period?
So you have been paid up to date for work already done and are just after the notice period and any holidays?
ok let me get my response ready please
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.
The wrongful dismissal claim can be made online:https://www.employmenttribunals.service.gov.uk/employment-tribunalsThe tax issues can be raised directly with HMRC
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