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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47426
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Started a new job with a 3 Month Trial period but after only

Resolved Question:

started a new job with a 3 Month Trial period but after only 1 week was told I was unsuitable for the job and asked to leave. They say they will pay me 2 weeks wages only ! 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. can you tell me was any specific reason given to you for your unsuitability for the job and were you given a contract of employment please.
Customer: replied 1 year ago.
I was told he didnt think I was the right person for the job on Monday morning , despite being told by him that I had done well in my first week on the previous Friday. Have an E-Mail from them outlining Terms for Employment but not an actual Contract.
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible.
Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
Customer: replied 1 year ago.
Shall wait for your initial answer to my question , thanks
Customer: replied 1 year ago.
Any update on my question please
Expert:  Ben Jones replied 1 year ago.
Thank you for your patience. 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.
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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