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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46784
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My contract was terminated today just 2 days before I would

Customer Question

My contract was terminated today just 2 days before I would have been employed for 2 years. I was given the reason 'Business Decision' but no further information. Told I had not upset anyone and had done a good job but no further info. Advise to take my things and will be paid a month in lieu plus any hol pay etc due. What do I do now?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 9 months ago.

What does your contract say regarding termination of employment?

Expert:  Ben Jones replied 9 months ago.

Please can you also advise what the employer's notice period is?

Customer: replied 9 months ago.
Standard words. One month each way.
Expert:  Ben Jones replied 9 months ago.

Is there any reference to the grounds on which the employer can terminate the contract?

Customer: replied 9 months ago.
No.
Expert:  Ben Jones replied 9 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 9 months ago.
On,y the usual immediate dismissal for gross misconduct etc. nothing mentioned at all in exit interview. Just told all fine but business decision. Could get no further info.
Expert:  Ben Jones replied 9 months ago.

Many thanks for your patience. As you may know with less than 2 years service you are not protected against unfair dismissal so the employer can potentially dismiss you for more or less any reason and without you being able to challenge it any further. However, if they dismiss for anything other than gross misconduct they must issue you with the contractual notice period you are due. It does not appear that there was gross misconduct here because there is no serious misconduct used by them as the reasons for the dismissal so you would be due your notice period on termination. If they wanted to pay you in lieu of notice and terminate you immediately without allowing you to work your notice period then they must have a contractual clause allowing them to do so. In the absence of a clause allowing them to pay you in lieu of notice they must allow you to work your notice period. If this was the case then this would have taken you over the required 2 years service and you would have had protection against unfair dismissal. So in the first instant you must check your contract to see if such a clause existed. If it did then sadly there is not much you can do to challenge this. However if no such clause existed, terminating you lie this would amount to a breach of contract and you could take it further and potentially claim for unfair dismissal.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have if the contract had no payment in lieu of notice clause, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46784
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 9 months ago.

Thank you. Did the contract allow for a payment in lieu of notice on termination?

Customer: replied 9 months ago.
Contract simply says that the Company is required to give you 4 weeks written notice of termination. I wa given nothing in writing and just to,d I will be given a months laugh in lieu. Do I now have to contact them or can I proceed to unfair dismissal?
Expert:  Ben Jones replied 9 months ago.

If the contract contained no provision for terminating your employment by paying you in lieu of notice, then doing so would amount to a breach of contract. Unless you were dismissed for gross misconduct, which is not the case here, they would have had to give you the opportunity to work your notice period which would have taken you over the 2 years required for unfair dismissal protection. This means they should have then provided a fair reason for dismissal and also followed a fair procedure. At this stage you should contact them first to challenge this and remind them of your rights and their obligations. If they refuse to resolve this then you can consider the unfair dismissal claim, which must be submitted within 3 months of the date of termination.

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 9 months ago.
I received a letter the following day stating the same as the interview. I formed company decision to terminate my contract. I have also received my pay slip which, although it doesn't identify the in lieu payment it is inflated enough to cover that amount. Doesn't appear that they are going to negotiate!
Expert:  Ben Jones replied 9 months ago.

They cannot be forced to negotiate unfortunately so whilst you can try to do so, if they refuse to then you will have to tart the ACAS process (again they cannot be forced to participate in that, but you have a requirement to start this process before you can make a claim

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