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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44957
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I went into work on Monday and the CEO took me into a private

Customer Question

I went into work on Monday and the CEO took me into a private room and told me some errors had been found on a special project I had been working on and while he looked into it I should go home on gardening leave and I would be contacted in the next 2 or 3 days. Yesterday my boss came to my home and took my office keys. Today he 'phoned to tell me 2 letters were on the way, one to tell me I'm suspended on full pay and one to invite me in to a meeting on Monday at 10.30. He assured me it wasn't a disciplinary interview but that I could bring a representative if I chose... I don't know what the errors are and nobody has asked me any questions at all about how I sourced data, worked on the project, was I sure what was required? I have had 2 periods of sickness over the last few weeks and advised my boss it was because of stress and I had a meeting with the health and safety officer about my situation. I'm not sure what to do next
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

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

JACUSTOMER-kjrdc3iw- :

16 months

Ben Jones :

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.

Ben Jones :

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?

Ben Jones :

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

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