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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47376
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good morning, I used to work company, I left in December

Resolved Question:

Good morning, I used to work for a company, I left in December and came back to the company in February, I now have another position and obviously a new contract. I have been contacted recently because they think I have breached some policies when I used to work for them before I left in December, and this could end up in dismissal. I don't have much proof to prove my position and it's only my word against theirs. My question is: can they actually suspend my current contract if I 'have' breached the policies when I was employed under a different contract?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, were you an employee or self employed?
Customer: replied 1 year ago.
Thank you for replying Ben, I was an employee with a full time permanent contract.
Expert:  Ben Jones replied 1 year ago.
Thank you. The main issue here will be your length of service. 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 your case you only have a couple of months’ continuous service because the break would have broken that continuity. So regardless of whether the issues related to the current employment or to the old one, legally there is nothing stopping them from suspending and even dismissing you because of this – as you do not meet the minimum criteria to challenge it they can dismiss if they need to. So unfair it may be, but legally they can do it I’m afraid. 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.
Hi Ben, thank you very much for your reply and your help. No need to explain, I understand you happen to deliver bad news sometimes, but honesty and the truth are what I was looking for. I will definitely give you a positive rating, since you've been extremely quick and very precise and detailed in your replies. I hope I can contact you again if I have any other question regarding this. Thank you again, Paola
Expert:  Ben Jones replied 1 year ago.
Hi Paola, yes of course you can get back to me, just start an y new question with 'For Ben Jones' and it will reach me. All the best for now

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