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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48168
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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A person I know was told that they would have to forgo being

Resolved Question:

A person I know was told that they would have to forgo being a bridesmaid at there friends wedding as they were needed to work a few days before the wedding she said she couldn't so her employer never spoke to her for the remaining days before the wedding.when she went in on her first shift after the wedding she was told she they were having to finish her at the end of the month as the business wasn't doing well she has now been informed by some of the employees that work there that they have just been given a payrise what should she do about this?
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 how long she has been with her employer please

Customer: I think it's 11 months
Ben Jones :

is it less than two years

Customer: Yes
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.

Customer: Thankyou
Ben Jones :

ok thanks

Ben Jones :

Many thanks for your patience. If she has been continuously employed at her place of work for less than 2 years then her employment rights will unfortunately be somewhat limited. Most importantly, she will not be protected against unfair dismissal. This means that her employer can dismiss her 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 she was trying to assert any of her statutory rights (e.g. requesting maternity leave, etc.).


 


If the dismissal had nothing to do with any of the above exceptions then she would not be able to challenge it and her only protection would be if she was not paid her contractual notice period, because unless she was dismissed for gross misconduct, she would be entitled to receive her contractual notice period. If she did not have a written contract in place she would be entitled to the minimum statutory notice period of 1 week. Her employer would either have to allow her to work that notice period and pay her as normal, or they will have to pay her in lieu of notice.


 


If she was not paid her notice period when she was due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and she could make a claim in an employment tribunal to recover the pay for the notice period that she should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.


 


However, apart from any unpaid notice period or accrued holidays she cannot challenge the dismissal itself, simply because she does not meet the minimum criteria for doing so.


 


Hope this clarifies your position?

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

Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 3 years ago.
Hello Judith, could you please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this – this is needed so I can either keep the question open or close it if no further advice is required? Thank you