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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience:  Solicitor with more than 30 years experience
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Hi, my name isXXXXX had a situation with my employment,

Customer Question

Hi, my name isXXXXX had a situation with my employment, I need your advice to see if it can be a case to sue my ex-employer to the court.
I got my previous job in one big hotel in South Kensington, I started this job on the 10th of September 2012 as a department manager, on my contract it stated that on my probation period I will get paid £38k annually, then from the forth month I will get £40k annually. However, my ex-employer refused to pay my pay rise after probation period, instead they sack me without any proper reason. They said I am imcapable to do my job which I can not agree with,I have been nominated as Employee of the year, and I had very good references from other hotels I used to work before. Additionally, I got bonus because of my exordintary achievement in the work place. Besides, as a senior manager I did not receive any performance review from the hotel manager at all, how can they tell me I am incapable to do my job? They sacked me on the 13th of Dec.2012 and gave me one more months salary and 5 days holidays and 2 lieu days they owed me. Totally they paid me £4868.56 on 21st of Dec. and sent me a letter as well. By the time I did not know what to do. At this stage I became ill, couldnt sleep and got depressed. I went to the doctor because I had a rash all over my body which was caused by stress until now I am not recovered. I met a friend and told him about what happened to me, he suggusted to seek for legal advice to see if it can be a case to put my ex-employer to the court.
Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
how long was your probationary period? 3 months? What was your contractual notice period?
Customer: replied 3 years ago.

My probationary period is 3 months. On my contract it states "The first three months of your employment will be a probationary period (the Probationary Period). We may at our absolute discretion extend your Probationary Period for a further period of up to 3 months (the total duration of the Probationary Period will be no longer than 6 months). If we exercise our discretion to do this then we will confirm it to you in writing. During any initial or extended Probationary Period either you or the Employer may terminate your employment with one week’s notice. If your Probationary Period expires without your employment being terminated your employment will continue in accordance with these terms and conditions without written confirmation that you have completed your Probationary Period. " (clause 1.3)

As my contractual notice period is 3 months. On the contract it says"The period of notice to be given by you or the Employer to terminate your employment is one calendar month (with the exception of notice during the Probationary Period as per clause 1.3). Such notice must be given in writing."


However, firstly they got rid of me on 13th of Dec. without any notice after probationary period, secondly I can not accept the reason they dismiss me --Incapability, during my work period, I have worked with Human Resource manager to draft out a proposal regarding to housekeeping department manning structure which can save on wages around £82K annually. How can they lable me with incapability and keep this record in my career files forever. I can not accept this.


Please help me with my issues.


Thank you

Expert:  Senior Partner replied 3 years ago.
Thanks I am traveling at the moment but will respond later or you can relist
Customer: replied 3 years ago.

No problem, I will wait for your answer.


Thank you and Happy Easter.

Expert:  Senior Partner replied 3 years ago.
Hi, thanks for the further information. I am sorry you had to wait so long for an answer but I am unfortunately in the US and on west coast time.

If I understand the further information , your contract says you are entitled to one month notice after your probationary period and 1 week during your probationary period.

I am afraid from the information given you have no recourse at all here other than to use any right of appeal you have under your terms of employment.

Legally employment is a contract and employees can have rights under a contract but those rights are limited to enforcing notice periods etc. In addition Employment law offers some statutory protections such as the right not to be unfairly dismissed. But those rights only really start to apply when you have been employed for at least a year. In the period up to a year an employer can dismiss someone on a whim and as long as a) it was not on grounds that are not permitted such as racial or gender grounds then the employee has no recourse. You are entitled to your contractual rights which is to receive a months notice - you may not have had that but as they have paid you the equivalent amount then you have no recourse. If there is a breach of contract you have a claim for damages but only for the loss directly flowing from the breach .i.e. a months wages so you ave no loss to sue for.

So the summary I am afraid is that you can exercise any right of appeal under your terms of employment but if that fails then you do not appear to have any legal recourse as you have not been employed long enough.

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