How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47413
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I started a new job in march and one of the requiremnets was

Resolved Question:

I started a new job in march and one of the requiremnets was an assessors award which i have but i was unabvle to find my certificate my employer said this was ok because it would need to be refreshed due to the lenght of time ago that id id it but 7 months later an inspection is taking place and they now want it i am trying to gat a copy but it may not be possible due to the company no longer existing that i did the qualification with where do i stand
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. What specifically would you like to know about this?
Customer: replied 1 year ago.
Where do I stand on terms of my job. What can my employer do if I am unable to get a copy
Expert:  Ben Jones replied 1 year ago.
The issue here is that 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.). 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. So in the worst case scenario they could seek to terminate your employment because you have not fulfilled the conditions you agreed to at the start of your employment. I would hope it does not come to that but it is a possibility if they decided to go down that route. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating as that is an important part of our process and recognises the time I have spent assisting you. 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
Ben Jones and other Employment Law Specialists are ready to help you

Related Employment Law Questions