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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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We are a charity and were obliged to let an employee go after

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We are a charity and were obliged to let an employee go after she had worked for us for 6 months. She is threatening to take us to court for unfair dismissal. Does she have a case?
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. What was the reason that you terminated her employment?
Customer: replied 1 year ago.
Insufficient funds for her post
Expert:  taratill replied 1 year ago.
Hi there is no right for a person to claim unfair dismissal in the UK if they have less than 2 years service. If she has only got 6 months service then she does not have jurisdiction to bring a claim. The only possible claim she could bring is if she could argue that the decision to terminate her employment was discriminatory contrary to the Equality Act 2010, this might be the case if she was dismissed because of her sex, race, religion, age, pregnancy, age, disability or for raising a health and safety complaint. If non of these apply then she cannot bring a claim. She is entitled to have been paid or required to work at least a weeks notice pay. If she has not then she could claim wrongful dismissal, which would be for statutory notice of one week or her contractual pay if longer. If you have any further questions about any of the above please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
According to her contract she is due 2weeks notice but we gave her an additional 2weeks pay as a gesture of good will. And because it was the month before Christmas. She moved to Scotland from Brighton to take up the job 6months ago. In October our trustees wrote to her to let her know her job was under review at the end of November.
Expert:  taratill replied 1 year ago.
Hi it is a shame that this has happened from her point of view but unless there is an act of discrimination there will be nothing she can do about it from a legal point of view.
Customer: replied 1 year ago.
Thank you. Can I send this reply to an email address?
Expert:  taratill replied 1 year ago.
Hi I'm not sure how to do that I would think you can cut and paste and send it. If you cannot then I do know that once you rate the question it does not close and is available for you to view again if you log back in. Hope that helps.
taratill and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks very much. Happy new year!
Expert:  taratill replied 1 year ago.
You too!

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