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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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One year contract music hub in uk. Sacked without explanation

Resolved Question:

One year contract for a music hub in uk. Sacked without explanation in 3 months. Can they do this?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. What was this contract for?
Customer: replied 1 year ago.
2 contracts1) Wider opportunities whole classroom instrumental tuition
2) PIA (play it again) one to one and small group tuition
Expert:  Jenny replied 1 year ago.
Hi are these employment contracts?
Customer: replied 1 year ago.
yes for 12 months
Expert:  Jenny replied 1 year ago.
Thank you, ***** ***** there was no explanation for why you were dismissed? Do you believe the reason could amount to discrimination on the grounds of your age, race, religion, disability, sex, pregnancy or for making any health or safety complaint?
Customer: replied 1 year ago.
I don't know entirely. I have done nothing wrong. I have much experience in the field and the bosses less experience. There were a couple of complaints as the classroom teachers are unaware of the finer points of such practice. I used my own methods and taught bass clef trombone, use tonic sol fa, and taught muscle memory to a group of clarinets. The boss did not like and told me to use resources in shared folder. This was not an obligation on my contract. It was one week before the end of term. I said that the resources do not help any real progression. 3 days later I was sacked. There was no warning. Can they do this? Is there discrimination on grounds of age/experience?
We had only just moved into the area too and signed a 12 month contract on a rented house. It does not seem fair. I have a wife and 5 children to support.
Expert:  Jenny replied 1 year ago.
I agree it seems unfair are you older than their other employees? Have you been given or paid any notice?
Customer: replied 1 year ago.
they gave me a months notice but 2 weeks of that were in the holidays and without pay. Some employees are older as they were working under previous contracts with the music service before they became a charity and a hub. I was also the only ethnic minority teacher on the staff. I did not see any other teachers in the schools that were not white. Could this be a factor too?
Expert:  Jenny replied 1 year ago.
Possibly. You say you were on a fixed term contract for one year, does that contract allow them to give notice? Is the notice period in the contract one month?
Customer: replied 1 year ago.
One month either way
Expert:  Jenny replied 1 year ago.
Ok thanks. The basic legal position is that the employer can dismiss in the first two years of employment without recourse for any reason so long as the employee is not discriminated against contrary to the Equality Act 2010. This basically means that even if they do not like someone they can dismiss them, this is because the Employment Tribunal has no jurisdiction to hear claims of unfair dismissal in the first 2 years of employment. If you have not been given reasons for your dismissal and suspect that the reasons for dismissal could be your race or your age then you should appeal on that basis. The employer will then have to prove that the dismissal was for a non discriminatory reason (which may be quite difficult). You can therefore appeal on that basis and if you are not satisfied with the outcome you could consider starting the ACAS early claim process (www.acas.org.uk) and consider bringing a claim. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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