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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47411
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been told I will have to leave my job in March as my

Customer Question

I have been told I will have to leave my job in March as my employers want to recruit a girl in my place. Is this not unfair dismissal? Also, despite my frequently asking, they have not once given me a pay slip so I have no idea of my tax code or how much tax they are deducting. I have been working there since September.
Kind Regards
Leopold Scott
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello are they dismissing you because you are male or is it just a coincidence that they want a girl to replace you?
Expert:  Ben Jones replied 1 year ago.
Hello, not sure if you saw my initial query above - are they dismissing you because you are male or is it just a coincidence that they want a girl to replace you?
Customer: replied 1 year ago.
They are dismissing me because they want a girl and I am male!
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 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. In this case the reasons for your dismissal are because the employer wants to recruit a girl instead of you and this is obviously going to be an issue relating to gender. Unless they can objectively justify why they need a girl (there are very limited grounds - for example it has to be a genuine occupational requirement, like you will have to recruit a girl to model women’s clothes) then their decision will be discriminatory and the dismissal can be automatically unfair. This is your basic legal position. I have more detailed advice for you in terms of the rights you have if you are dismissed and hoe to take it further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
Many thanks for this information, it does sound as if this will be unfair dismissal due to gender. I work in a wine shop so either a male or remain should be able to do the job equally. I am also very concerned about not having received any payslips despite having asked frequently, is this legal as I have no record from them of my gross salary or the tax deducted. The money is paid weekly in to my bank account. Many thanks for your help. Leopold
Expert:  Ben Jones replied 1 year ago.
In the circumstances I really cannot see how they can justify the need to replace you with a girl so there is indeed likely discrimination. Also by law they should have given you pay slips at or before the time they pay you. In terms of the discrimination, you can raise the issue now and remind them that what they are proposing to do will most likely amount to discrimination. If they proceed with the dismissal then you have 3 months to issue a claim for discrimination and unfair dismissal in the employment tribunal. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal. If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement. The conciliation procedure and the form to fill in can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.
Customer: replied 1 year ago.
Many thanks Ben. I will mull this over and decide how to proceed but your information has been very helpful.
Kind regards
Leopold
Expert:  Ben Jones replied 1 year ago.
You are very welcome, all the best

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