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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I had my employment contract terminated without any indication

Resolved Question:

I had my employment contract terminated without any indication to this happening. The company did not follow their disciplinary procedures as detailed in their handbook, but did agree to a payment in lieu of notice. I am just wondering if there is a case here for a wrongful dismissal. I use that term as I understand constructive or unfair dismissal requires a 2 year tenure, I worked for them for 51 weeks.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today, do you have any reason to suspect your termination amounted to discrimination or that you were dismissed for lodging a health and safety complaint?

Customer: Hi. Jenny. Neither would apply in this situation.
Customer: I should also add that the company have paid me, by mistake, a secondary amount that we had been negotiating as a settlement figure. They supplied me with a payslip that reflected the amount paid. Once we had agreed on the final amount, they sent me another payslip for the agreed amount. So technically, I have a payslip for each of the payments. Do I negotiate with them to agree how much, if any, I return to them?
taratill :

Ok in that case unfortunately there is no claim that can be brought. UK employment law does not protect people who have less than 2 years service unless they are discriminated against contrary to the Equality Act, it is one of the fundamental weaknesses of employment law in this country.

Customer: Hmm what about a Wrongful Dismissal?
taratill :

Wrongful dismissal is a failure to pay notice. If you have been given correct notice then there is no claim for wrongful dismissal.

taratill :

You should also have been paid in lieu of outstanding holiday. If you have not then there is a claim for breach of the Working Time Regulations.

Customer: OK, thanks for clarifying. With regards ***** ***** money side, am I right to assume that if I don't pay it back, they can take me to court to recover the funds?
taratill :

Yes, if you are aware there is an overpayment then you are legally obliged to repay it. Your employer should be reasonable in the terms for repayment. i.e. it should let you repay over a period if you cannot repay it all at once.

Customer: Ok thanks.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
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