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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45327
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good afternoon My name is ***** ***** I believe I've been unfairly

Resolved Question:

Good afternoon My name is ***** ***** I believe I've been unfairly dismissed from work.
I worked in a restaurant where on Sunday at 10:30 was held this staff meeting discussing issues with service and so on. At around 11:00 front of the house was let go and kitchen staff was marched to the kitchen to do cleaning of everything. after an hour i've asked manager are we being paid for this? he said no mate. so i went outside where we had this birthday party. not long after i was approached by owner forcing me to go back to work for free at around 00:30 i said no so he said you're done with a lot of F words included. (also i live in a room above the restaurant so for how long i'm able to stay before he can make me move out) ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Firstly can you tell me how long you have been employed there please.
Customer: replied 1 year ago.

first time i was employed there as a member of front of the house staff in march 2013 untill april 2014 than i was employed as a member of kitchen staff from september 2014 till march 2015 and than from april till now... in march i've tried to go to work somewhere else but failed horribly so i came back because chef of the kitchen always liked how i work so he took me back.

Expert:  Ben Jones replied 1 year ago.
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you
Customer: replied 1 year ago.

ok perfect thank you very much and have a good day.

Expert:  Ben Jones replied 1 year ago.
OK thank you I will get back to you later.
Expert:  Ben Jones replied 1 year ago.
Hello Roman, many thanks for your patience. 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.
From what I understand, your length of service was broken, where you had several different jobs but with breaks between them. So this would not count as continuous service. As far as your current job is concerned your length of service would have commenced either in April 2015 or Sept 2014. In either scenario you would have had less than 2 years’ service so no protection against unfair dismissal.
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.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45327
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

ah alright thank you. how much time do i have before he can throw me out on the street ? + for the period of march 2013- april 2014 i didn't receive a single payslip is there something i can do to get those before i leave for good ?

Expert:  Ben Jones replied 1 year ago.
When an employee is provided with accommodation by their employer, there are two possible ways in which they could be allowed to occupy the property:
• Under a tenancy
• Under a licence to occupy
The most common way would be to grant the employee a licence to occupy. Unless there was a formal tenancy agreement in place, or the occupier was granted exclusive possession of the property for a term in return for rent, it is assumed that a licence to occupy would have been granted.
If there is an employment contract in place then the first step would be to check what the terms under that contract are and determine the employee's rights that way.
In the absence of a contract, the following assumptions can be made: if the employer wishes to remove the employee from the property they may only do so when the licence to occupy ends, which will occur in the following circumstances:
• If the employment contract ends;
• If the employee voluntarily leaves the property; or
• If the employer gives at least 4 weeks' notice.
Therefore, if the contract is terminated, the licence to occupy will terminate as soon as the contract ends. In any other case, the employer would be expected to give at least 4 weeks' notice because a licensee who occupies a property as a dwelling is entitled to that notice under Section 5 of the Protection from Eviction Act 1977.
As for the payslips the employer is required to give you these by law so you can ask for them and remind them it is a legal duty under the Employment Rights Act 1996.
Hope this clarifies things?
Customer: replied 1 year ago.

that's great thank you very much

Expert:  Ben Jones replied 1 year ago.
thank you
Expert:  Ben Jones replied 1 year ago.
Hi I see you have left a negative rating, can you please clarify the reasons behind that - I spent a lot of time explaining your situation in detail and you appeared satisfied in the end, so I am not sure what happened since?

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