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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 10383
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good Morning, Unfortunately I have just been fired from

Customer Question

Good Morning,
Unfortunately I have just been fired from my employment.
I have been employed by the company for two and a half years. I have no contract of employment and have had no previous warnings.
Basically I have been fired for speaking out in a boardroom gathering of my fellow work colleagues regarding a directive that had come to us from the general manager/director pretty much forcing us to work 7 days a week over the next four weeks. This work would not be our "normal" work.
Your advice please.
Thanking you in anticipation,
Trevor Anderson
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When you say speaking out was hay on an aggressive, threatening manner, did you swear, insult anyone, etc?
JACUSTOMER-v6osjymq- : no aggression , bad language or threats made.
Ben Jones :

So what was the actual reason used for dismissal, what did they think was so bad that it justified dismissal?

JACUSTOMER-v6osjymq- : The reason given is Undermining the Directors authority.
Ben Jones :

If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.

According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss.

Undermining the employer’s authority, could in some serious cases amount to gross misconduct which can lead to dismissal but it has to be something rather serious. For example refusing to follow reasonable instructions or unreasonably challenging a decision made by the employer, however it needs to be serious as mentioned – not just discussing options to deal with a proposed change to your working conditions.

So based on the information I have it does appear a rather harsh decision in the circumstances and you can appeal with the employer first before considering whether to make a claim for unfair dismissal in the employment tribunal.

Ben Jones :

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? Thanks

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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