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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44875
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have worked somewhere for a year with no contract it was

Customer Question

I have worked somewhere for a year with no contract it was for a new business and kept telling me that as soon as the money would start coming they would pay me after a year they are now saying that it's not working and they need to let me go. Do I have any rights
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

Have you received any payment from this company please?

JACUSTOMER-9lriaxui- : 2 times £500 in cash
Ben Jones :

OK, thank you, please leave this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

JACUSTOMER-9lriaxui- : Will the response be this evening
Ben Jones :

Hi, yes sorry I should have said I will reply this evening. 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 discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. 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.

If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.

In terms of the payments you have received to date then you need to check that you have been at least the national minimum wage for your time there. This would have been £6.31 per hour from Oct 2013 to date. From Oct 2012 to Oct 2013 it would have been £6.19 per hour. So make sure you have been paid accordingly.

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Ben Jones :

I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

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