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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47388
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good afternoon, Whilst being within ones of probation,

Resolved Question:

Good afternoon,
Whilst being within ones period of probation, is none disclosure of a previous job on your CV a reason for terminating the contract of employment. Probation report was excellent and when digging deeper into the scenario it appears the main reason for terminating the contract is a personal one. Termination of contract was given verbally last Friday 6th June with a one weeks garden leave, but nothing has been received in righting to date. Do I have grounds for unfair dismissal ?

Kind Regards

Iain
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Customer:

Good afternoon Ben,

Ben Jones :

Sadly this can be a reason for dismissal in the circumstances. The main issue 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.

Customer:

OK Ben understood, so if they state the reason for terminating the contract is non-disclosure then I do not have a leg to stand on, although it is incorrect ? what about the final date of work, as I still have not received anything in writing ?

Ben Jones :

They could use any reason they want, even if it is completely untrue, as long as discrimination is not an issue, which does not appear to be the case here. As to the final day of work, you need to be issued with formal notice of termination first. In other words the employer needs to advise you that you are being given notice of dismissal. Once that has been issued, your employment would automatically terminate at the end of your notice period, whether that is the one stated in the contract or the 1 week by law you get.

Customer:

Although I was verbally given notice last Friday, does it start then or when I receive confirmation in writing ?

Ben Jones :

Depends on what the contract requires, for example if it says notice of termination just be given in writing it will only be valid once that has happened

Customer:

Understood Ben, many thanks for your advice, although it's not really what I wanted to hear ! Have a good day.

Ben Jones :

Yes I understand but hopefully it clears things up for you. All the best

Ben Jones and other Employment Law Specialists are ready to help you

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