Hi there, don’t worry the phone call is optional and we can just continue on here with no extra charges.
The starting point 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). 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.
In terms of seeking legal advice before sending the letter, not sure what that would achieve as the employer does not have to deal with solicitors at this stage, they can request that all issues are dealt with internally and if that is the case no legal assistance is possible. Solicitors really only get involved once you have started making a formal claim.
If you do have outstanding grievances then send these in now before they terminate your employment because once you are dismissed (assuming that is what happens), they no longer have an obligation to hear them.
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