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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48787
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been in my job months and I was recently reprimanded

Resolved Question:

I have been in my job for five months and I was recently reprimanded by my supervisor about some relatively minor issues. These were either largely outwith my job scope or outwith my control, so I am concerned that I am being lined up for dismissal largely because my supervisor appears not to like me personally. It was not made clear whether the discussion constituted a formal warning. I understand that I do not have employee rights until I have been in post for a year, is there anything I can do here?
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. What rights are you referring to, in relation to saving your job?
Customer: replied 2 years ago.

I am wondering if there is anything I could do to avoid being fired following the situation I have outlined.

Expert:  Ben Jones replied 2 years ago.
If you have been continuously employed at your place of work for less than 2 years (not one as you mentioned)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 however I see no such evidence here.
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
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