Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today. can you tell me how long you have been with you employer
hi sorry for the delay I was travelling home from work 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.
Hello again, at this stage the best you can do is simply attend any meetings you have been asked to by the employer and deal with the situation in the best way possible. Ideally the employer should provide you with details of the allegations before you are asked to defend yourself and you should ask the for any evidence r additional information to allow you to properly defend yourself s necessary.
The main issue here is that 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 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 if the employer has made u its mind that they any u out, they could proceed with that and you would not be able to challenge it. Hopefully it would not come to that but do bear it in mind as the worst case scenario, in case you are faced with that situation.
Hope this has clarified your position?
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