Employment Lawyers Can Answer Your Employment Law Questions
Many thanks for your patience. 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.). So even if you prove that you were fired because of a personal dislike that will not change anything in the circumstances and you would still not be able to challenge the dismissal.
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.
If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.
Hope this clarifies your position? If you could please let me know that would be great, thank you
I do not want any compensation from the company. I do not want to also go back there to work. But I feel very disappointed that he was fired not because of my bad work, but just because someone felt threatened by my higher qualifications. I'm disappointed that more of the last three years I worked at an identical position in another company and no one ever had any objection to my work. So because of the alleged dismissal for fast driving a forklift impacts on my good opinions in the future.
So I do not mean the mere fact of dismissal, but the dissemination of false information about me by the supervisor. There may be so, with someone talking about nonsense and nothing he can do. And my goal is to force companies to who has investigated thoroughly (which supervisor) spoke of such things. I would like to have it in any official form feed of power bring civil libel.
To pursue libel would very difficult and expensive, you are easily looking at a five-figure sum to start with which could significantly increase if disputed. Also if the employer can show they had evidence that this was what actually happened or that they genuinely believed it to be the case it would make it even more difficult. You also need to consider whether this will actually be a potential issue for you in the future - at present this is not the case because they have not stated this in a reference to any future employer. Only once the statement has been made can you consider taking further action. If that was to happen I would also not advise you pursue it as libel, rather as negligence for providing a false reference
Hope this clarifies your position?
OK, I'm very grateful for help, thanks.
you are most welcome, all the best