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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44929
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been working independant business days

Customer Question

i have been working for a independant business for 29 days and in that time while at home and days off from work I have continually received calls from the owner starting at 8am in the morning, I asked her to refrain from bothering me in my own time whilst not at work so she has terminated my employment with immediate effect with no notice stating I was not doing my duties by not aswering work issues whilst in my own time, she then refused to pay me my months salary until the return of work keys, I have made it clear that I am not available to get to the business until Saturday this week and she has told me I have to get them to her by the end of today which is not possible, can she legally request what I do with my own time. it is not possible for me to get to her any earlier as my time currently is taken up with looking for other work there are two other sets of keys that others use to open and close the premisies. can she demand when I get these to her.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Does your contract say anything about this?
Customer: replied 1 year ago.

about what

Expert:  Ben Jones replied 1 year ago.
About what you could be asked to do outside of normal working hours
Customer: replied 1 year ago.

No

Expert:  Ben Jones replied 1 year ago.
As far as the dismissal is concerned, 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. You appear to have been dismissed with immediate effect because you did not follow the employer’s instructions on doing things outside of normal working hours. Unless you had a contract which allowed the employer to ask such things of you, then you would not be obliged to do as requested. Therefore, the dismissal without notice is unlikely to be legal and you could ask for your notice period to be paid. Similarly, you would expect to be paid for any work already undertaken up to the date of your dismissal. If the employer is refusing to pay because you have not returned the keys then they could delay the payment until that is done but once the keys have been returned then you should be paid as normal. If you were not paid your notice period when you were due one, or not paid for time already worked that would amount to wrongful dismissal and unlawful deduction of wages 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. 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
Expert:  Ben Jones replied 1 year ago.
My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered 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. Thank you

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