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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48761
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I had a tracker fitted to my company car and was not advised

Resolved Question:

I had a tracker fitted to my company car and was not advised of private data being collected. No written reasons for tracker getting fitted to cars. I was one of 4 Sales Managers at company. I was the only one who had tracker fitted- no reason why. 12 weeks later I was pulled in to be sacked without prior notice due to information on tracker. I got tracker report allegingly saying I was not working my contractual hours.I got this report sent to my home address and this report has many many discrepencies on it. I have appealed against this but at my final meeting to be made redundant was advised that due to tracker report I would not have much of an appeal.
I have asked for financial assistance to get to appeal and for a union representative to accompany me but no offer of assistance from the company.
I am considering unfair dismissal industrial tribunal action for unfair treatment -(why was I the only one with a tracker fitted?) and due to the tracker not being fit for purpose I was unfairly sacked from my role.
Submitted: 26 days ago.
Category: Employment Law
Expert:  Ben Jones replied 26 days ago.

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

Expert:  Ben Jones replied 26 days ago.

How long did you work there for?

Customer: replied 26 days ago.
Headhunted from May 15th - October 31st 2017
Expert:  Ben Jones replied 26 days ago.
Thank you leave it with me please I will reply fully this afternoon
Customer: replied 26 days ago.
thank you
Expert:  Ben Jones replied 26 days ago.

Many thanks for your patience. Whilst I empathise with the way you were treated and the clear unfairness, the issue 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

· 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 you cannot claim unfair dismissal and the best you can hope for is your notice period, assuming they did not pay that.

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

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