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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47354
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My daughter has just been off after over a year with the

Resolved Question:

Hi, my daughter has just been laid off after over a year with the same company with 2 weeks pay in lieu of notice. She has not had a contract to date and under new management they issued contracts which she was not willing to sign as she works a lot of unpaid overtime and wanted these issues clarified. Are the company acting legally in dismissing her this way? She has not had any verbal or written warnings to date. They have not made her redundant. Any advice would be appreciated.
Many thanks
Submitted: 12 months ago.
Category: Employment Law
Expert:  Ben Jones replied 12 months ago.

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

Customer: replied 12 months ago.
Chloe started on 1st June 2015
Expert:  Ben Jones replied 12 months ago.

Thank you. If she has been continuously employed at her place of work for less than 2 years then her employment rights will unfortunately be somewhat limited. Most importantly, she will not be protected against unfair dismissal. This means that her employer can dismiss her 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 she was trying to assert any of her statutory rights (e.g. requesting maternity 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.

If the dismissal had nothing to do with any of the above exceptions then she would not be able to challenge it and her only protection would be if she was not paid her contractual notice period, because unless she was dismissed for gross misconduct, she would be entitled to receive her contractual notice period. If she did not have a written contract in place she would be entitled to the minimum statutory notice period of 1 week. Her employer would either have to allow her to work that notice period and pay her as normal, or they will have to pay her in lieu of notice.

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

Customer: replied 12 months ago.
Ok thanks, ***** ***** the clarification, no point in pursuing further, she will get another job however did want to be clear, thanks for your help
Expert:  Ben Jones replied 12 months ago.

You are most welcome and all the best. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

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