Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long did you work there for?
Hi there, whether you are entitled to be paid for the period after the meeting will depend on a couple of things:• First, were you actually dismissed?• Second, were you dismissed on notice or without notice?
In relation to the first question it certainly looks you were dismissed, even if it was not for the original reason of gross misconduct. So the key is whether the dismissal was with notice or without. An employer can only dismiss without notice if the employee is guilty of gross misconduct so if they had dropped the gross misconduct charge, unless they used another gross misconduct matter to dismiss you, then you should have been dismissed with notice. What notice you are entitled to would depend on your contract so check that first. In the absence of a contractual notice period you would be entitled to the minimum statutory notice period which is 1 week for the first 2 years of employment, 3 weeks for 3+ years of service, 4 weeks for 4+ years and so on up to a maximum of 12 weeks. In your case you are entitled to a minimum of 6 weeks notice. Therefore, on dismissal with notice you are only entitled to be paid for the notice period, not up until the appeal date. If the appeal is successful and you are reinstated then you can expect to have your pay backdated to the dismissal date.
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