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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48200
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My daughter has recently been fired from her job, and in my

Customer Question

My daughter has recently been fired from her job, and in my opinion, the correct procedure under Employment Law has not been followed. Here are the main details
I was emailed on my day off, after having done my full 40 hour week at work, to say that I was being given a week's notice. I had no warning and no explanation as to why this was happening. Despite having asked for weeks and months on end I had not received my contract of employment, I had signed one but my employer then took it back to make copies, however I am yet to receive the copy. I am not the only employee to whom this has happened. The business did not deliver on the initial plans that they had for me, the restaurant now does not open until the evening as it is not busy enough. Initially it was to open all day 7 days a week, my contract was 45 hours to reflect this. When the restaurant started closing more and more, my hours became harder to fit in and my employer asked me to reduce my hours to 35. I agreed to meet in the middle at 40. My contract was re-written to state this. I have not received a copy of this contract either. To receive an email to state that I am effectively fired was a shock and had not been bought up before. I had no meeting, no letter or no discussion to anything before this and therefore feel I have been wrongfully dismissed.
Please could you advise where I stand? I received my pay for hours worked, but I may have some days holiday still owing. There are also many other issues at this restaurant. For example, they often operate without a valid licence holder on the premises and have under age staff serving behind the bar.
Thank you for your help, I look forward to your reply
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. How long did she work there for?
Customer: replied 2 years ago.

Hi

She was there for just under a year

Expert:  Ben Jones replied 2 years ago.
If she has been continuously employed at her place of work for less than 2 years then her employment rights will unfortunately be somewhat limited. Most importantly, she will not be protected against unfair dismissal. This means that her employer can dismiss her 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 she was trying to assert any of her statutory rights (e.g. requesting maternity leave, etc.). She can only claim wrongful dismissal if she was not paid her contractual notice period (see below) or if the employer has not followed a specific dismissal procedure which they had to under contract. Even if wrongful dismissal could be claimed the compensation will not be big – she is either looking at the difference in notice she would have received or pay for the additional few days it would have taken them to go through the formal policy (if there was one in place).
If the dismissal had nothing to do with any of the above exceptions then she would not be able to challenge it and her only protection would be if she was not paid her contractual notice period, because unless she was dismissed for gross misconduct, she would be entitled to receive her contractual notice period. If she did not have a written contract in place or a notice period specified in it she would be entitled to the minimum statutory notice period of 1 week. Her employer would either have to allow her to work that notice period and pay her as normal, or they will have to pay her in lieu of notice.
If she was not paid her notice period when she was due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and she could make a claim in an employment tribunal to recover the pay for the notice period that she should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.
I understand she has not been given a copy of her contract but she cannot claim alone for that. She can of course request a copy of it under law (the Data Protection Act 1998) and she should contact her employer asking them for a copy stating that she is doing this as a subject access request under the Data Protection Act. Once she has a copy she will then be able to see if she was paid the correct notice or if the employer did not follow a specific dismissal procedure they were required to.
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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Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.