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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48193
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi,I was working on my probation for around 3 weeks, i

Resolved Question:

Hi, I was working on my probation for around 3 weeks, i took one day off during that time because my cat died. I then caught the flu towards the end of the 3 weeks. I went into work on monday regardless of feeling awful. During the day, when i took my lunch, i decided to rest my head on my desk as i could barely cope with being in work. My Employer said you can't sleep in the office (even though i wasn't), and so i got up and was just staring at the computer screen during my lunch. Half way through my lunch, i wanted to speak to my manager, because i truly to sick to work. I asked to speak with him in the meeting room, and i said i have the flu, i unfit for work. He then began to tell me how he doesn't put up with bullshit, and how he will not be afraid to show me the door if i don't step it up a bit. All i could think about was resting and trying to get better for work, and he starts saying "i have a bad back, you see me complaining". So anyway i went out the office and called my agent and he wasn't too happy with how i was treated. So the next day i call in sick again, and he says "ok see you tomorrow" and the next day i do the same, only, this time he says "ok talk to you soon" at around 11:15 (i have the accurate time somewhere on my phone) he called me and proceeded to tell me that i have 1 weeks notice and that i shouldn't come into the office, and to post my security card to them. All whilst i was laying in bed sick. My agent spoke to their HR around the same time, and HR didn't even know about this. I didn't give them any reason to fire me at all, i did all the work they told me to do, i would stay late to get a job done and come in early sometimes 8.10 and if the call queue got too high, i would then work to help out. When my agent finally got a call from HR they said it was because i was sleeping on the day where i was in work AND on the day after... even though i was at home ill. I'm just wondering if anything can be done with this? Thanks Joe

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.

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.

As you have been paid your notice period I am afraid you cannot challenge the dismissal, I am sorry

Ben Jones :

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

Customer:

Damn

Customer:

So nothing can be done?

Customer:

I don't think it's fair at all to fire me purely based on the fact i was sick...?

Ben Jones :

I understand but legally you cannot challenge this even if it appears unfair or morally wrong

Customer:

bollox

Customer:

haha

Customer:

f**k

Customer:

ok thanks alot!

Customer:

have a good day

Ben Jones :

:) you are welcome, all the best

Customer:

You too

Ben Jones :

thanks

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