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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47902
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I've applied for another job in the company and have been told

Resolved Question:

I've applied for another job in the company and have been told that my English is not good enough for that job.
Later on, my overtime didn't go paid and when I've ask about it the manager and the duty manager of the station offered me a loan from the own pockets. I've made an official complaint but never got an answer about it.
I was pregnant and lost it at 2 weeks while working there and now I'm pregnant again , ten weeks, and I'm being made redundant.
is this whole deal fair?
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. How long have you worked there for? Please note as it is the weekend I may not be able to respond immediately but will do so ASAP thanks
Customer:

I've started in 22nd of august last year

Customer:

my job is permanent an full time and after a very busy summer, I'm now told that they thinking that this job is now longer needed and I will be desolved

Customer:

not to mention that the same person that told me that my English was not good enough, is the same one that suggested that I should apply for that other position.. he was the station manager, now he is been let go..

Customer:

this job is made by two people, me and my sister, both Romanian, both in the same situation

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues last night. All seems to be resolved now so I can continue with my advice.

The starting point 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.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.

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.

You will have additional rights if the reasons you are being treated detrimentally were because you were either foreign or you were pregnant – the employer cannot treat you les favourably because of these reasons. If you believe these factors were behind the employer’s decision then it could amount to discrimination and it does not matter how long you have been there for – you can challenge this by raising a grievance with the employer first (a formal internal complaint) or making a claim in the employment tribunal.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

yes, it does. thank you.

Customer:

I can't really prove that I'm being made redundant because I'm pregnant or foreigner... and I'm not sure I want to go there..

Customer:

the whole experience with this company has been disappointing so... all I fell now is this sour taste in my mouth...

Customer:

I know that I've invested time, energy and a lot of hart in my job and that for whatever reason it doesn't matter to them, so...

Customer:

thank you very much for your time and advice

Ben Jones :

you are welcome, all the best

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