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. Are you still employed there?
he has someone in to replace me starting on tuesday, so i have been advised to take some holidays. if i don't take this joke of another job i'll be out of work
ok let me get my response ready please
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.). I cannot see any discriminatory reasons here though so this is unlikely to apply.
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 you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. 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.
So I am afraid that the best you can expect here is a week’s notice and any accrued holidays, but unfortunately you cannot challenge the dismissal itself, or if you were forced to leave, because you simply do not have the required service to meet the minimum criteria for claiming.
ok, not what i was hoping for, but you made things clear. many thanks
you are most welcome, all the best