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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46763
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My employment was terminated on Tuesday. there were three

Customer Question

My employment was terminated on Tuesday. there were three reasons given.
Negative attitude to work
Unprofessional attitude towards colleagues and providers
Inappropriate and abusive language.
All the above being a clear act of misconduct.
The Company didn't follow their disciplinary procedure.
I have been employed there for 10 months.
Do I have grounds for wrongful dismissal?
Many thanks.
Mark.
Submitted: 7 months ago.
Category: Employment Law
Expert:  Ben Jones replied 7 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Were you paid your contractual notice period?

Customer: replied 7 months ago.
I will be paid my contractual notice period and any outstanding holidays in next months salary.
I was also told yesterday by a colleague that my manager was uncomfortable about my sexuality, she had overheard a conversation that he was in.
Expert:  Ben Jones replied 7 months ago.

The starting point 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.

So if the reasons for the dismissal were linked to your sexuality then that could make the dismissal automatically unfair and discriminatory. You can therefore consider taking this further to the employment tribunal if necessary.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take the matter 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, UK Lawyer
Category: Employment Law
Satisfied Customers: 46763
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 7 months ago.
Thank you Ben, but it's not unfair dismissal that I can proceed with?
I have no proof of him being homophobic, it's only hear say.
It is wrongful dismissal if they didn't follow the discipline procedure in my contract?
Expert:  Ben Jones replied 7 months ago.

Thank you. In the first instance you should appeal the dismissal directly with the employer. If that is rejected and the appeal stands then your only option is to make a claim for unfair dismissal and discrimination in the employment tribunal within 3 months of the dismissal date. It can be unfair dismissal if it was based on discriminatory grounds – it makes the dismissal automatically unfair. Wrongful dismissal would only be a possibility if the disciplinary procedure was a contractually binding one and also the compensation then would only be limited to the ay for the extra time it would have taken for them to go through it.

To take this further, 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.

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