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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47907
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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What rights do I have if I am to be dismissed after 6 months

Customer Question

What rights do I have if I am to be dismissed after 6 months in to a permanent NHS contract? There was no performance management or due process, so I feel like I am being unfairly dismissed but I don't want to go down that route if I can help it. I would rather explore what I can secure from a pay-off.
Damon
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.

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

Expert:  Ben Jones replied 11 months ago.

What were the reasons for dismissal?

Customer: replied 11 months ago.
My manager, the chief exec, said that he wanted to take me off the programme and appoint somebody else implying I wasn't up to it. My future is therefore in doubt. He says he has asked other a Directors if they can take me on but they don't have a need st my level. Does this help?
Customer: replied 11 months ago.
Hello Ben can I assume you are working on my case please? Damon
Expert:  Ben Jones replied 11 months ago.

Hello sorry I had to pop out before I got your reply. The main issue here 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.).

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.

So you do not have any legal grounds to demand a pay off. Of course there is nothing topping you from asking for one but they can easily refuse to consider it and legally terminate your employment anyway. Therefore, your rights will only extend as far as making a claim if you were not paid your notice period or any accrued holidays.

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

Expert:  Ben Jones replied 11 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 11 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.