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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44888
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good afternoon Ive recently been dismissed from work for

Customer Question

Good afternoon
Ive recently been dismissed from work for gross misconduct. Id made a mistake on my expense claim several months ago (feb-march) these were duplicates for small amounts and purely admin errors. I had never been trained how to use the expenses system and had been promised some admin support from the managing director of the company to do my expenses because of how busy i am.
my hearing lasted all of 20mins and was summary dismissed by email 2 days later. I have only worked for the company for 16 months. The amount of incorrect expenses is less than 1% of my income and the mistake happen several months ago.
I feel that the company have used this old mistake as a "policy" decision because of my short time with them and the forecasted bonuses that had been planned for me next year (£400K) which they are saying I'm no longer entitled to.
Do i have a claim for unfair dismissal ? or anything else given my short service
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. I presume you were not paid any notice?
Customer: replied 1 year ago.
no i wasn't. I was suspended and had two meetings with profit protection to go through all my expenses. they found that the figures they had were not all correct but i had made some duplicate claims (two part receipts) it was clear that id made some simple admin errors. I was then called to a hearing 2 weeks later. this lasted 20min and they said they had to go away and think. I wrote to them before the meeting suggesting a written warning but they summary dismissed me. since then I've been paid my holidays and wages.
Expert:  Ben Jones replied 1 year ago.
The starting point 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. Therefore, the only thing you can try and salvage from this situation is your notice period. You would also have to try and claim that your actions were not gross misconduct. What you did can be viewed as dishonesty and could be something which amounts to gross misconduct so it will really depend on the evidence and the employer’s genuine belief, but you cannot actually challenge the dismissal itself. 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 hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) 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
Expert:  Ben Jones replied 1 year 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.

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