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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48497
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Morning - I am an employer and would like some legal advice.

Customer Question

Morning - I am an employer and would like some legal advice.
Assistant: Where are you located? It matters because laws vary by location.
Customer: Mid Wales, Builth Wells, Powys - but my company is based in Wrexham (North Wales)
Assistant: Has anything been filed or reported?
Customer: No
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: I have been employed for 22 months
Submitted: 14 days ago.
Category: Employment Law
Expert:  Ben Jones replied 14 days ago.

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

Expert:  Ben Jones replied 14 days ago.

What is your specific question in relation to this?

Customer: replied 14 days ago.
For Ben Jones : I have submitted a question and debited the cost, please confirm you have received it
Expert:  Ben Jones replied 14 days ago.

Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 14 days ago.

Thanks for your patience. Whilst the employer’s actions do go against what was initially agreed, they do have the upper hand here unfortunately and I will explain why below.

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.

So in your case you have less than 2 years service so they can terminate your employment if they wanted to. Therefore, you must decide what is more important for you - keeping the car allowance agreement or keeping your job. If you refuse to accept the changes, you could very easily (and legally) find yourself without a job.

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 actual legal position. 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 I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Expert:  Ben Jones replied 12 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 11 days ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks