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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48743
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work as a support worker in Bedford Athena Housing, My

Resolved Question:

I work as a support worker in Bedford Athena Housing,
My employer used to be a forms friend and employed me from January, she has spoken to the other employee's in the company and informed them that she would like to get rid of me and every one seems to be aware of this. I was spoken to by a friend and told that maybe I should start looking. Where do I stand legally, do I have a case if I get sacked and knew it was coming.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Is your continuous service with that employer only from January 2015?
Customer: replied 2 years ago.
yes
Expert:  Ben Jones replied 2 years ago.
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.). I see no discriminatory grounds though so it is unlikely you can rely on that to challenge the dismissal.
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.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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