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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47889
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My employer fired me without notice. I was working

Resolved Question:

Hello.
My employer fired me without notice. I was working for his company for 1 year and 10 months. is that legal?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Why were you fired?
Customer: replied 2 years ago.

Hello Ben,

I was working for this employer for 1 year and 10 months. the last 3 months my employer offered me a new position to another warehouse his second business to run it. I did very well. That new position was regarding ebay shop and amazon worldwide. I did very well my job. I decide to open a ebay account and find my suppliers from china to bring stuff and resell them as I knew all the process from my main work.My family were helped me to dispatch the orders and all this kind of details. He found out that and he fired me straight away without any notice.I wasn't hide as I have my name on my ebay account because I did that ,and still doing it, for some extra money.He asked me to close the account which was unacceptable from my side and the main reason of that was "We can not do the same thing" . I tried very hard to explain him that eBay is open market and anyone can open account for personal reasons. I ve been to HR this morning and they offered me one week notice money. (7pounds x 41 hours) and really I dont know what should I do. Please advise me what is the right for this situation as I am unemployed and all the resposibilities going on. Looking forward for your reply.

Expert:  Ben Jones replied 2 years ago.
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.). However, I see no issues of discrimination here so these exceptions would not really apply.
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.
They have offered you a week’s notice which by law is the minimum and maximum you would be entitled to, unless your contract allowed for more than that. If it did then you can ask for that, if it did not then you cannot ask for anything else apart from holidays owed and unfortunately you cannot challenge the dismissal because you do not have the required length of service to be protected against unfair dismissal.
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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