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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48175
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hope you can help me I was employed as a manager of a nursing

Customer Question

hi hope you can help me I was employed as a manager of a nursing home they were under special measurs from CQC befor I took the job but did not tell me this. since them CQC say they have to have a nurse as manager, the owner has now called me saying there is no longer a job for me and as I was on a 6 month probation they will now send out my p45. they also asked me to take last week off as leave so I would not be in the home when CQC were in.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello what would you like to know about this?
Customer: replied 1 year ago.
I have only been at the home since august but now dont know wot to do i know i had a 6 month prbation but they now say there is no job as they have to have a nurse as manager so i am now without a job no falt of my own i have not been given any wornings
Customer: replied 1 year ago.
I have also started doing a deplma and cant carry on if i am not in a managers post. I would just like to know if they can just get rid of me like that thank you
Expert:  Ben Jones replied 1 year ago.
The main 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.). 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. 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. They can also force you to take your holidays as part of your notice period if they wanted to. They must give you minimum notice required by law and that should be at least twice as long as the holiday to be taken. So if you have a week’s worth of holidays that they want you to take later on, they must give you at least twice as long in notice, so 2 weeks. Therefore, if they give you the required notice they can make you take your holidays during your notice period. 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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Customer: replied 1 year ago.
Thank you for your help it has explained it all
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best