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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45291
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a student studying a degree and there was part time

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i am a student studying a degree and there was part time work zero hour contract i was given when i wanted to work as they were short staff i used to work like 3 days a week about 21 hours a week besides going to university 9-5 and working 9-5 when not going to university. we were told the IT department as i was working in MI was outsourced and was being bought back the IT department as we only had MI department. anyway we were getting a new manager director head of IT not MI.what happened was i had exams assignment and i was allowed time off as i did a lot of work if i was not there they struggled as i was working for WHD so people had to get payments on time and letters and that my role to do a lot of the simple work with SQL and other stuff like generate update letters add new users to the grid and more if not done on time people would kick offanyway i was allowed time off and i did i notified my boss he didn't’ say nothing and allowed it however the new manager came due to heavy load of assignments i had to take time off as i was on the flexible 0 hours contract i was allowed to unless told but i was not.anyway the new manager started i didn’t know however a month in i finished my exams i emailed my manager and the new manager head of IT instead replied saying he terminated my contract from today and in May this was and i was no longer required.i contacted HR they told me there was no reason to upset me as i told them this is not on the reason why the manager had a whole month to inform me but didn’t and i was told he was just being polite telling his new changes the reason was a new direction of IT thats why my contract was cancelled it was not until i contacted HR they wrote to me a week lateri wondering can i claim or got a case why as i did a lot of work despite being on a zero horus i did like a full time job there despite being disabled and the new manager had a whole month and a a bit to tell me about my contracted being terminated but didn’t until i contacted them to let them know i was free to come inthe response i got was from HR he just telling his plans well the manager had a whole month if i had not emailed then he would have not told me he had a whole month opportunity to inform me due to this all the summer student jobs were taken and i sitting at home with no job being bored with a high tuition fee loan.this is not fair as i did a lot of ticket works that came through daily imports if i was not there they wouldnt’ manage as they were short staff like 3 of us and i did a lot of work and this person had time to tell me but didn’t until i contacted the company you cannot do this over email and then when i write to the HR they try to cover up and say we post this to you and say Sean was only making his plans known well he had a whole month to tell me not when i decided to let them know i was coming.regarding my emails i got some but most were sent from internal mail at the company which they will have but if i didn’t turn up they would have told me but they knew and were fine with this as most of the students who work there graduated from my university but to do this to me is unfairdo i have a case as i sure you cannot email someone when they email you saying your services no longer required when they had a whole month to tell you but didn’t and now you suffering as of result of this
Submitted: 6 months ago.
Category: Employment Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How long did you work there for?

Customer: replied 6 months ago.
i started in december 2015 but didn't get my contract until january 15th due to staff as we had a mi anaylst which was my role he went on holiday and we had people from smarttech outsource company kinda in charge due to staff shortage i worked for about 6 months in total. they even said to my face thanks if i was not there they would have been doomed as we deal with WHD with the energy companies and fuel banks
Expert:  Ben Jones replied 6 months ago.

The issue is that 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. You mentioned you were disabled however I see no factors suggesting that the termination had anything to do with that.

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

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45291
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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