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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My son started a new job today and went through the induction

Resolved Question:

My son started a new job today and went through the induction process. At 4pm he was informed that his contract was being terminated and was escorted off site.
The reason for this was that he recorded one of his A-Level grades at being an A grade in Economics on his CV, when in fact it was a B grade. The reason for this was because he has not got an updated version of the Economics certificate, which would state the actual grade. He obtained a C grade initially, but in retaking an AS exam in the subject, he obtained an A grade for that section, however the combination of the A & C gave him a B score overall hence why the mark was initially entered on his CV incorrectly. Prior to this, he was offered the job, on the basis of what his qualifications said on his CV. He was only informed of this 10 days before his start date, in which a conversation was held over the phone explaining that they needed a copy of the full A-level certificate for Economics. He was asked around 1pm on his first day to speak about the matter, in which it was discussed that he had put the wrong grade initially on his CV. They requested that he speak to the exam board and obtain the updated certificate and he agreed to do just that. Later in that day, he was informed that a termination of the contract was to be undertaken, giving him no opportunity to contact the exam board and obtain the corrected certificate.
My son still meets the recruitment criteria of 3 grade c or above A-Levels, can they terminate on these grounds? Does he have grounds to appeal?
Many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did he have a contractual notice period in place?

Customer:

We'll find out now

Customer:

We do know that he has the standard 3 month probationary period

Ben Jones :

ok that would be separate, I am after the notice for termination of employment, thanks

Customer:

Ok. We are just finding out now. He lives with his mum, hence the delay as he is here with us, so we are on the phone to mum!!

Ben Jones :

No problem, thanks

Customer:

First month of probationary period:

Customer:

Notice by firm: one day

Customer:

Notice by employee: one week

Customer:

The employment offer does state: "subject to most recent educational qualifications" He didn't have the most recent ones and they were aware of that

Ben Jones :

Thank you. If he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that his employer can dismiss him 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 he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.).

If the dismissal had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period, because unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. In this case his contract entitled hi to just a day’s notice, so as long as he was given that notice and paid for the day, the employer would have discharged its liabilities and the dismissal could stand, without any comeback from your son.

Customer:

Can we ask them for a reason? They have let him start the job and then asked him to get the certificate and then decided to terminate

Ben Jones :

you can ask for one but they do not have to provide it. Also it really does not matter what they have said or done in these circumstances - there is simply no protection against unfair dismissal, whatever the reasons used (subject to the limited exceptions I mentioned above)

Customer:

Thanks Ben. I think you've confirmed what we feared. Morally poor, but legally within their rights

Ben Jones :

That's the case unfortunately, sadly the law does not really recognise morals...

Customer:

Thanks Ben. We appreciate your time

Ben Jones :

you are most welcome, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46813
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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