Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
What do you hope to achieve please?
Hello Ben, I would like to know if I have a case against my employer based on my dismissal
OK, thank you, ***** ***** 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
Thank you Ben
Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.
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.). Therefore, the fact that the whole process did not follow any kind of fair procedure is rather irrelevant.
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.
In this case they claim you were dismissed for gross misconduct. If they are trying to avoid paying you the notice period you may be due then they should have at least given you the opportunity to fairly defend yourself so that they at least have some evidence or proof and a defence from which to work out if this was gross misconduct or not. So the best you can expect in this case is your notice period and only if it is not possible to show that this was a gross misconduct matter.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Hello, 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? I just need to know whether to close the question or not? Thanks