How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48208
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I lost my job last year , got another and they didn't ask

Resolved Question:

I lost my job last year for misconduct , got another and they didn't ask why I lost previous job can they now use that to sack me .
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. When did you start the present job?
Customer: replied 1 year ago.
I have been with them for only 4 weeks
Customer: replied 1 year ago.
I don't have anything to hide they didn't ask so I didn't say. If they had asked I would have said and the weeks I've worked for them I haven't done anything wrong my work is a good standard.
Expert:  Ben Jones replied 1 year ago.
Are they likely to find this out?
Customer: replied 1 year ago.
They have and I've to go and speak to them but I want to know can they sack me even though u haven't done anything wrong whilst in their employment.
Expert:  Ben Jones replied 1 year ago.
Legally, yes they can. This is because 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. As this is not gross misconduct because you did not lie or mislead them (they did not ask you to declare this after all) then you would be due your notice period on termination. However, you will not be able to prevent the termination if that is the route they wish to follow. This is your basic legal position. I have more detailed advice for you in terms of the options you have should they decide to not pay you the notice period you are due, 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, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thank you feel it's an unfair world one mistake and I've ruined my employment status.
Customer: replied 1 year ago.
Give you 5
Expert:  Ben Jones replied 1 year ago.
Thank you. In the event you are dismissed without being given your notice period that would amount to a wrongful dismissal. In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow. If the employer does not return the money as requested, the following options are available:1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: ***** ***** by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.