How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47917
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I have been dismissed from my job phone PC and cards removed

Resolved Question:

I have been dismissed from my job phone PC and cards removed I have nothing in writing just an email to say they are considering gross misconduct and I will hear from them in due course. I was interviewed alone by the chairman and he accused me of many things before pushing for my resignation. He then offered me salary until end of August to go.

I have been employed for 7 months and have spent 5 weeks on his business in Qatar and China

He also cautioned that I must not speak to any employees clients or suppliers... I am the group Managing director.
I am now at home wondering if I will be paid

What do you suggest please?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me have you accepted there offer to resign and what allegation are they levelling at you please

Customer: No I refused to resign although he stated I add in previous conversations when he attempted to change my employment contract.
Customer: they believe I provided a supplier switch confidential information regarding value of a project and that I said in a text we would release them from a no compete NDA style contract
Customer: all Tunis
Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer: all this is after the event/fact as the supplier had already stated he would not enter into a partnership and would not deal with the chairman I was trying to make a compromise agreement so we dips not loose face with our Chinese client who had asked that this company were the JV partner.
Customer: How long do you need?
Ben Jones :

Hi I have a few clients to work with and will get my advice ready for you for early evening regards ben

Customer: Do you have an answer for me?
Ben Jones :

Many thanks for your patience and apologies for getting back to you just now – I was called into a tribunal today.


 


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.


 


So the key is whether they treat this as gross misconduct and if they can prove it. If they cannot then you will only be entitled to your notice period as stated above, as well as any accrued holidays. The employer would not have to pay you for the offer they made for pay until the end of August as that was conditional on you leaving voluntarily, which you did not do.


 


If your employer cannot justify this was gross misconduct and 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.


 


Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Hi Ben

Customer:

Thank you

Customer:

when should push to get paid as I am owed salary, holiday and notice period payment (at least some of this even if they try gross misconduct? Also he is trying to prevent me speaking or contacting staff, suppliers and clients many of whom I have built up personal relationship with. Can he do this and if I ignore this and continue are there any legal or financial consequences once he has paid me what is due?

Ben Jones :

Good morning, do you have any post-employment restrictive covenants that prevent you from dealing with any former clients?

Ben Jones :

Hi, not sure if you saw my last query above - do you have any post-employment restrictive covenants that prevent you from dealing with any former clients?

Customer: I have covenants that say I must not contact for 6 months customers or clients but what is a client I set up a Chinese co as a commission based sales team are they clients they are certainly not customers.
Customer: Basically if I breach these restrictions what can he do as he has forced me out as when he tried to change my contract I refused
Ben Jones :

Ok going back to your last question you should push to get paid on your normal pay date following your dismissal, if nothing has been paid by then you can approach the employer to pursue them for the outstanding pay.


 


As to the restrictions then the contract could contain a definition of what a customer or client is but generally it is a party from which the company derives its business from, someone to who they provide their services.


 


Whilst restrictive covenants are mainly used as a scare tactic by employers, if an employee has acted in breach of a covenant and the employer is intent on pursuing the matter further they can do so. The following are potential outcomes if the employer takes legal action:



  • Obtain an interim injunction preventing the employee from doing certain things that would make them in breach of the restrictive covenant

  • Seek compensation for damages that have directly resulted from the breach of the covenants


 


Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 3 years ago.
Hello Stuart, could you please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this – this is needed so I can either keep the question open or close it if no further advice is required? Thank you