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. How long have you worked there for?
2years in July
When exactly did you start working there as it would affect your rights?
I think it was 15th July 2012
Do you have a notice period in your contract and does it say your employer can pay you in lieu of notice?
Sorry just thought of something else, I have not signed a contract yet as I moved from one care home to work at another owned by same people but refused to sign new contract as rate of night pay was approx £1 less which I had not been informed about plus when I'd covered shifts I'd been paid the higher rate
So did you start at the present care home 2 years ago and worked for the other one before that?
No started at care home A in beginning & was 'strongly encouraged' to move to current home B after 7mths after it was said there were personality clashed with another staff member but they did recognise that this person was hard to get on with. So started working for company July 2012
ok and even if you did not sign the contract - Do you have a notice period in that contract and does it say your employer can pay you in lieu of notice?
Sorry for disappearing yesterday, lost internet connection then children arrived home once was back on-line. ::(
As far as I'm aware I would have to give 4wks notice if I was to leave, have asked for a copy of contract from PA & have asked a coworker to check her contract re: pay in lieu of notice but she said thought that they didn't.
Hi, thanks for getting back to me. The main issue you will have 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.). Cosmetic surgery would not fall within any of these so there would be no question of discrimination which you can rely on.
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.
It is also important to note that the employer has the right to refuse a request for annual leave and even force you to take leave when they want. So if you have made a request to take A/L on a specific date, the employer can legally say no and expect you to be in work at the time. They do not have to justify their decision or provide reasons for the refusal. Also whilst you may be signed off sick for the period, in the circumstances this could have been avoidable because it was elective surgery and you were specifically told that you would be expected in work, so it was not emergency or essential surgery which was unavoidable and as such could be treated as misconduct or unauthorised absence from work, which could allow the employer to discipline you.
If the dismissal happens in the next month then you could be dismissed without being able to challenge it. If they dismiss you once you have hit 2 years’ service with them, they could still dismiss but they must be able to justify that the dismissal was fair and that there was a fair reason for it.
Hope this clarifies your position?