Employment Lawyers Can Answer Your Employment Law Questions
Just over 1 year started work as a temp but was taken on full time in 1st July 14
Hi, sorry I was offline by the time you had replied to me.
Generally, 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.).
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.
If you had complained about bullying and were dismissed as a result then you would not have any additional rights I’m afraid. However, if you had made a protected disclosure (known as whistleblowing) and were dismissed as a result then you could have a potential claim even if you did not have the required 2 years’ service I mentioned above.
You would need to show that you had made a protected disclosure first and that you were treated detrimentally as a result. More details here:
If you believe you meet the relevant criteria a whistleblowing claim can be made to the employment tribunal within 3 months of your dismissal.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Hi Ben, thank you for getting back to me it still seems very unfair but you have clarified certain aspects for me which I now understand and I thank you for your help
you are most welcome, all the best