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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47421
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My Company wants me to take "Paid leave"

Resolved Question:

My Company wants me to take "Paid leave" or "robust management" siting poor performance, punctuality and other stipulations. I started there on 11/3/13.. I've opted for the "paid leave" and they said I need to get a solicitor. I've been utterly stressed out trying to prove myself since I got this news and haven't had any time to sort things out.. I did a little research and found that companies have a 2 year window that protects them from unfair dismissal claims.. I've now put two and two together and am concerned that if I don't get a solicitor sorted out by next Wednesday they could sack me instantly before their 2 year window closes..Is this feasible? I'm thinking of going sick to get something sorted out but paranoid about even doing that

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. Do youngster a contractual notice period and does the contract say you can be paid in lieu of notice?
Customer:

It just says :-Notice period:4 weeks(1 week during probation period)

Ben Jones :

Hi, whilst it is correct that you do not have protection against unfair dismissal until you have at least 2 years’ continuous service, you may just be fine and be protected, even if you have not yet reached that threshold. This is because if the employer wants to terminate your employment, unless you are being dismissed for gross misconduct (which does not appear to be the case here), you are entitled to be given your contractual notice period. There are two ways in which an employer can issue a notice period – either by allowing you to work through it, which means that your employment continues during that period until it expires and only then your employment terminates; or by paying you in lieu of notice and terminating your employment immediately. However, to pay you in lieu of notice an employer needs a specific clause in the contract allowing them to do so. If no such clause exists, the employer will be acting in breach of contract if they paid you in lieu of notice. So assuming the only clause on notice is the one you have provided and there is no mention of payment in lieu of notice being an option, your employer must allow you to serve your notice period. Whether you have 1 week or 4 weeks’ notice, this will take you to your 2 years of service which means that by then you would be protected against unfair dismissal and the employer cannot just dismiss you as you had feared. They would need to show that there was a fair reason for dismissal and also follow a fair procedure and if there are doubts about that you can consider making an unfair dismissal claim against them if needed.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

Yes..as I read it ..They told me last Thursday 26th Feb and thus entitled to 4 wks notice which breaches the 2 year window for them, thanks for the help..

Ben Jones :

you are welcome, all the best

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