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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48209
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was dismissed today. i was not given a valid reason

Resolved Question:

i was dismissed today. i was not given a valid reason for the dismissal - i was given a reason that im not good at my job based on what i hadn't done for one candidate and the work i had done as a whole was not looked at which was a lot of work.i was asked to leave the premesis, and i said i would be given a weeks worth of salary in lieu of notice.that is in the contract.i sent a letter to the md of the company and also to hr outlining my concerns and saying i didn't think my dismissal was fair, i got an email back with my dismissal letter saying as i am in a probation period they are not going to address my concerns. i think even if in a probation period employers have to give a valid and fair reason for dismissing you and they have to follow proper disciplinary procedures - if they don't they are in breach of contract. i want to know what i can do here.i have asked for a copy of the disciplinary procedures - id like to know what action i can take if they refuse to let me see them and what my options are
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. How long did you work there for?
Customer: replied 1 year ago.

from the 24th aug 2015 until today the 4th november 2015

Customer: replied 1 year ago.

from 24th aug 2015 until today 4th Nov 2015

Expert:  Ben Jones replied 1 year ago.
Generally, 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.). They would only be in breach of contract if you had a contractually binding disciplinary policy which they did not follow. However, that would not prevent a dismissal – it just means that you may get a bit of extra pay to cover the time you would have continued being employed by them whilst they went through the formal procedure, which won’t be long – maybe a week or so. It does not matter if they had some disciplinary policy in work – you can only rely on a contractually binding one so if your contract did not make reference to any disciplinary procedure then you would not be bound by it and cannot use it in your argument. If they fail to provide you with the relevant policies then you cannot really force them to – you may have to consider making a claim on the assumption they have breached the policy and have acted in breach of contract and once the claim is started they will eventually have to disclose this as part of the claims process. But until then they could refuse to comply. 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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