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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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On 1st October my work colleague gave a month's notice at work

Customer Question

On 1st October my work colleague gave a month's notice at work (she has worked for the company 16 months) our boss accepted it but she never received written confirmirmation of her notice. On 12th October I was given notice of redundancy to finish on 30th November (been with company since April 2014) as office closing and relocating to London. We work in Topsham our boss moved to London April 2015.
On Thursday 22nd October at 3.30pm we were both sent emails from the boss saying she was coming down in the morning to see us separately concerning a financial and company matter.
On the Friday morning she first saw us separately but sacked us on the spot for Insobordination (she had been listening to our conversation with a audio recorder without our permission, never signed anything) for not talking nicely about her and theft for buying £6.40 worth of Apple over the past few months. She said she had never given us permission but she had bought it for us in the summer when it was too hot to drink coffee or tea. She flashed the paper with the invoice amount on but we were not allowed to look properly or hold it and still do not have that information.
She told us we were only being paid upto that Friday 23rd October, instant dismissal, shouldn't it have been suspended to argue the decision.
So far we have not received a letter from her confirming our sacking or evidence of theft, is it not misuse of office funds?
Could you please advise on anything that can be done, as i am now unemployed with no idea when she is going to pay us.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Did you have a contractual notice period in place?
Customer: replied 1 year ago.

I was given an official letter on 12th October saying that I would finish and would be paid up to the 30th November

Expert:  Ben Jones replied 1 year ago.
But what notice did your contract entitle you on termination?
Customer: replied 1 year ago.

a months notice

Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. The starting point is that as you have both been working there for less than 2 years you are not protected against unfair dismissal. This means that you can be dismissed for more or less any reason and without the employer having to follow a fair procedure, as long as the reasons are not linked to discrimination, such as because of your gender, age, race, religion, etc. I see no evidence that there was any discrimination involved so the employer could just decide to dismiss you and not follow any fair procedure or have to justify that the reasons for doing so were fair. For example there would be no requirement to suspend you, hold a formal disciplinary or allow you to defend yourself.
However, if they are going to rely on gross misconduct for dismissal, where they dismiss you immediately and do not pay you your notice period, then you should be given the opportunity to defend yourself. Had they paid your notice period then there is nothing else for you to challenge but if they are trying not to pay you that, you should at least be given the chance to challenge them and provide your side of the story. So it really depends on whether they are intending on paying your notice period or not.
If they do not pay you for the notice period due you should consider taking them t the employment tribunal for wrongful dismissal. This is where you have been dismissed in breach of contract by not being paid your notice period. You have 3 months from the date of dismissal to make the claim. You should contact them and give them the chance to pay you voluntarily first and advise them you will go to tribunal if necessary but if they do not pay that is what your next step would be. That is really the only thing you can pursue them for, you cannot challenge them over the dismissal itself or get any other compensation.
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
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much for your advise.

I will take it forward by contacting my ex boss about wrongful dismissal and see where it goes from there.

Expert:  Ben Jones replied 1 year ago.
You are welcome, best of luck!

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