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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I've been with my company years and was brought on

Customer Question

I've been with my company for two years and was brought on board to build a new arm of the business which is still a key area for them moving forwards. This week they've offered me a settlement agreement based on my role being at risk of reduncancy. They feel they can't find my salary anywhere else in the business so I'm being rushed to sign. I have only just bought my first house on the verbal reassurance of the CEO that my job was safe and I feel I've been lead to falsly believe I was protected and now I'm at risk of losing my house if I can't get another job. I have texts to prove this reassurance. Also the manager who issued the agreement said that they had been over eager when employing me however it was the CEO that employed me for what I believe was for personal motives having recieved persistent hints and attempts to have a relationship outside of work. It feels that once no finally sunk in he has allowed others in the company to push me out and denied any verbal agreements. I've felt isolated for months and now I'm in financial risk. Help
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. When exactly did you start working there?
JACUSTOMER-4j1b094f- : Hi ben I joined in September 2013
Ben Jones :

Hello, 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.).

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.

If 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.

So if you are being offered a settlement agreement to leave on terms that are better than what you would get had you been dismissed by being given your notice period you may wish to consider that as if you were to refuse, the employer can easily terminate your employment as stated above and you may end up getting less.

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

Ben Jones :

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

Ben Jones :

Hi I see you are accessing the site to view this page but I don't know if you still need help or if your query has been answered - can you please let me know so I know how to proceed? Thanks