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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47342
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been accused of gross misconduct, the companys own

Customer Question

I have been accused of gross misconduct, the company's own policy says I must have at least 2 working days notice but my letter only arrived at 2pm today and the hearing is set for tomorrow.

What rights do I have?
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.

Ben Jones :

How long have you worked there for?

Customer:

11 months

Ben Jones :

Is the policy part of your contract?

Customer:

Yes

Ben Jones :

Your main rights will be somewhat limited due to the length of service you have with the company. If you have been continuously employed at your place of work for less than 2 years 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.


 


Your only rights in this respect would be to do with an apparent breach of contract because the employer had not followed their own contractual policy. However, that would not overrule a potential dismissal and you still won’t be able to challenge the actual decision to dismiss if it goes that way. Instead, you can seek to pursue the employer for any losses incurred as a result of their failure to follow their policy. Unfortunately that would not be much because you are really going to be looking at loss in pay for the difference in working days that they should have given you had they followed the policy. They should have given you at least 2 days, instead they gave you a day, so you are probably looking at a day’s pay for all of this, but still without being able to challenge any potential dismissal that may result from this.


 

Customer:

Thank you.

Ben Jones :

You are welcome

Customer:

Any other information?

Ben Jones :

What else would you like to know - these are your rights in this situation

Customer:

Ok, thank you

Ben Jones :

My pleasure

Customer:

Rating says you have not finished, will not let me give rating

Customer:

Good service

Ben Jones :

Thank, it's a bug we get sometime, we will sort it, all the best

Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Yes to all questions

Expert:  Ben Jones replied 3 years ago.
OK thanks