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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have just been given my notice as a carpenter on paye .the

Resolved Question:

I have just been given my notice as a carpenter on paye .the firm I work for has decided to get rid of all direct employed labour and subcontract all of their .carpentry work Is this unfair dismissal and if so can I be compensated for this?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?

Customer:

22 months

Ben Jones :

Do you remember when exactly you started working there as it will affect your rights?

Customer:

can' tremember exactly can find out tomorrow

Ben Jones :

The law changed just around the time you would have started so your start date would be important to your legal rights. If you don't mind checking and getting back to me then I can tell you exactly where you stand

Customer:

I started work on 11th September 2012.

Customer:

I started work on 11th

Customer:

September 2012

Expert:  Ben Jones replied 3 years ago.
Thanks for getting back to me. If you have been continuously employed at your place of work for less than 2 years, as in this case, 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.).

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.

So I am afraid you cannot challenge the actual dismissal or the reasons behind it in this situation.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you and feel free to bookmark my profile for future help:


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