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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47889
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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What to do if employer not giving job and not fire?

Customer Question

What to do if employer not giving job and not fire?
Submitted: 1 month ago.
Category: Employment Law
Customer: replied 1 month ago.
The employer ignoring me. Not answering to massages and calls. Keeping me without work for few weeks.
Customer: replied 1 month ago.
Im single mother with 3 kids.
Customer: replied 1 month ago.
Yesterday Iw got a letter from employer that my employment will be terminated. But now Im on sick note. I worked part time. How much I shoud be payd for week. How many days of hollydays I have work part time. Can they fire me if Im sick.
Expert:  Ben Jones replied 1 month ago.

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

Expert:  Ben Jones replied 1 month ago.

How long have you worked there for?

Customer: replied 1 month ago.
10 month
Customer: replied 1 month ago.
can they fire me if I have sick note?
Expert:  Ben Jones replied 1 month ago.

Hi there, the main issue for you 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 a reason which makes a dismissal automatically unfair. These include:

· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

· Taking, or trying to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave

· Making a protected disclosure (i.e. whistleblowing)

· Being a part-time worker

In the event that the reason for dismissal fell within any of these categories, the dismissal could be automatically unfair and there could also be a potential discrimination claim.

However, if the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That could happen if you were not paid your contractual notice period (unless you were dismissed for gross misconduct) or the employer had not followed a contractually binding dismissal procedure. 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.

Also it does not matter if you are on a sick note at present - that will not prevent a dismissal. I would say here the only potential protection you have is if your sickness is a disability and the employer uses that to dismiss you. In that case it can be potential discrimination but only if it is a disability.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the law on disability and how to work out if your condition qualifies. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 month ago.
I already read everything in uk.gov page till was waiting for Your answer. But still thank You. I was on holidays from 16 July and on 19 July got ankle injury in Spain. Because after I didnt get work I took sick note from 19 July. But still Im not paid for it. Like I mentioned I work part time. So how much I should be paid for sick. How many days of holidays can be paid per year.
Customer: replied 1 month ago.
Part-time workers get less paid holiday than full-time workers. They’re entitled to at least 5.6 weeks of paid holiday but this amounts to fewer than 28 days because they work fewer hours per week.
Customer: replied 1 month ago.
Really I dont know why Im trying to find information by my self. I paid money to get information.
Expert:  Ben Jones replied 1 month ago.

I am more than happy to give you the information you need but I cannot guarantee that I will be online at the exact same times you are, so thank you for your patience in the meantime. Sick pay is only payable as Statutory Sick pay unless you have entitlement to company sick pay. Also SSP is only paid if you have been off for 4 days or more. If you have been off for 4+ days then SSP is paid at £89.35 per week. Part time workers will get less holidays than full time workers, that's a given. The entitlement to holidays depends on how many days per week you work. Someone working 5 days per week gets 5.6 weeks holidays a year. A part time worker working 3 days a week gets 3/5ths of that. If someone still works 5 days a week but fewer hours then they still get 5.6 weeks but at the reduced hours they work, so each of the 28 days will be at the lower hours per day that they work

Customer: replied 1 month ago.
SSP is paid by your employer in the same way as your normal wages, for example weekly or monthly.Is that right?
I was getting my wages weekly. So I can get £89.35 a week Statutory Sick Pay (SSP) for up to 28 weeks from 19 July.
I just want to be sure. And I still dont understand how many days of holiday I have if I was working 2 days per week 18 hours per week.
Expert:  Ben Jones replied 1 month ago.

SSP is indeed paid as normal instead of your wages. If you worked 2 days per week, then you should get 11.2 days holiday a year, with each day equivalent to your normal hours on a working day (so if you worked 9h a day it would be 100.8 hours a year)

Customer: replied 1 month ago.
Right. I Counted the same.So what I shoud do now. I didnt come to work on 22 June. Because I needed to cower some worker and I didnt know that. And the reason I will be fired is that and another that I work part time. I send a letter today that I dont aggry with that. And its not because I want go back to work . Just because I want to get all the money belongs to me.
Expert:  Ben Jones replied 1 month ago.

Has the employer actually said it is because you are part time that you will be fired? I am travelling soon so may not be able to reply until later, thanks

Customer: replied 1 month ago.
Customer: replied 1 month ago.
Its in the letter
Expert:  Ben Jones replied 1 month ago.
This could amount to unfavourable treatment due to part time status. For this you can consider making a claim in the employment tribunal.Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####
Customer: replied 29 days ago.
Why Im charged second time?
Expert:  Ben Jones replied 28 days ago.
Please contact customer services at***@******.*** for any billing issues thanks