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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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Company terminate my contract without any notice. Without

Customer Question

Company terminate my contract without any notice. Without any written worning.
I worked for company 13month and 25 days.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

What reason were you provided with for the termination of your employment? Also, please can you tell me whether there is a notice period within your contract?

Expert:  Ben Jones replied 10 months ago.

Hello, not sure if you saw my initial query above - What reason were you provided with for the termination of your employment? Also, please can you tell me whether there is a notice period within your contract?

Customer: replied 10 months ago.
I sent
Expert:  Ben Jones replied 10 months ago.

So I presume you passed your probation?

Customer: replied 10 months ago.
I yes I did . My probation finished 1st of January 2016
Expert:  Ben Jones replied 10 months ago.

Thank you. Unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. In your case this would be 4 weeks. 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.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to pursue this further, 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 and other Employment Law Specialists are ready to help you
Customer: replied 10 months ago.
They payd me already ( today ) for 4 weeks...
But I am in state of shock how they kicked me off without any writing warnings , without written notice ....
Can I claim it or not ?
Expert:  Ben Jones replied 10 months ago.

If they paid your notice period then that is all you can expect. I am afraid you cannot claim for being dismissed with no warnings as you are not protected against unfair dismissal as you do not have 2 years service

Customer: replied 10 months ago.
What abou harassment at working place?
Constructive dismissal ?
Expert:  Ben Jones replied 10 months ago.

This is not constructive dismissal because you did not resign you are dismissed and in any event you need two year service to be able to claim. Unless you are sexually harassed then harassment is dealt with under constructive dismissal as well and as mentioned you're not protected in the circumstances because you do not meet the minimum criteria to claim

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