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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48156
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was told yesterday that I was 'being let go' from my

Resolved Question:

Hi, I was told yesterday that I was 'being let go' from my job with no prior warning and was told not to come in the next day. I do not have a contract but received a welcome letter/offer from the company. My employer did not inform me, a recruitment agency who were sometimes used to employ people, delivered the news. The reason they gave was that the owner of the company had been looking through the finances of the business and it had been decided to let me go. Before I left the owner was interviewing for a new member of staff. I am currently waiting for the formal paperwork containing the details of what I am owed but the recruitment agent said I would get 4 weeks notice pay and holiday entitlement up until the 22nd July. We get 20 days holiday per year, which runs from February to February. I would like to know if they have followed the correct procedures and if I am receiving everything I am owed.
Thank you,
Kind Regards
Hayley Carter
07776 257810
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. firstly can you tell me how long you have been with this agency please.
Customer: replied 2 years ago.
I am not actually with that agency. They were used by the company to find me. All I did was respond to an advert seen on Facebook by a member of staff of that agency.
I joined the company on 19th May 2014.
Expert:  Ben Jones replied 2 years ago.
OK thank you for that information.please leave it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you
Customer: replied 2 years ago.
Thank you very much I really appreciate your help with this.
Expert:  Ben Jones replied 2 years ago.
thank you I will get back ASAP.
Expert:  Ben Jones replied 2 years ago.
Many thanks for your patience and sorry for the slight delay in responding – I could not access the site earlier for some reason.
In terms of your employment rights on dismissal, 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 are being given 4 weeks so you are already being paid more than your minimum entitlement. As to holidays, you would only legally be entitled to be paid for any outstanding holidays accrued in the current holiday year, from this February. I assume you get 20 days plus the 8 bank holidays so a total of 28 days a year. If the holiday year runs from February and your end date is 22 July then you would have accrued a total of 13.2 days holiday.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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