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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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In Late October I was sacked from work for "Breach

Resolved Question:

Hello,
In Late October I was sacked from work for "Breach of Contract" - This was for taking on personal commissions.
The Commission I was sacked for was actually set up by my ex employers, as they arranged a commission through an Etsy site I had set up.
I have email evidence from my ex employers business partners, that shows them encouraging me to make my own commissions and sell them. This is why I opened my Etsy site.
I have since had a meeting with my ex employers, as I found evidence that other staff members had also had personal commissions, but my ex employer has stated in writing that they had permission, even though our contracts do not state that you can do it with permission.DO you think I have a case for wrongful dismissal as they have also breached contract by allowing other staff members to do personal commisions ?
Many thanks
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. How long did you work for your employer for?
Customer: replied 1 year ago.
Hello,I am afraid that it was only 22 months
Expert:  Jenny replied 1 year ago.
Were you paid notice and outstanding holiday pay?
Customer: replied 1 year ago.
Hello,There was no outstanding Holiday pay (even though I still had 7 days left) and I was paid 1 months wage for "Compassionate" reasons - That's my ex employers words, in writing
Expert:  Jenny replied 1 year ago.
What was the contractual notice period? Do you think there is any discrimination involved?
Customer: replied 1 year ago.
1 months contractual notice - Well, as I said my ex employers have said that other staff were allowed to do it, and it does not state in the contract that you can do it with permission. Also, another staff member was interviewed and employed to work in my department (I ran the workshop) without my notice, and he is now doing my job ! , this means that 75% of senior management are now devout and practicing Christians, and I made no bones that I was Agnostic when I worked for them. - Also my ex employers actually set me up !
Expert:  Jenny replied 1 year ago.
So you think you are being discriminated against because you have no religious belief?
Customer: replied 1 year ago.
I think that I was set up, and sacked because they wanted a staff member in my role that has the same belief structure as most of the workforce.Also, are they in breach of Contract for allowing others to do commissions ? what about them setting me up ? using a fake customer, having a business partner "encourage" me to take on Commissions ?
Expert:  Jenny replied 1 year ago.
Please bear with me while I now prepare a full response.
Expert:  Jenny replied 1 year ago.
Hi your best argument is a claim that you have been discriminated against contrary to the Equality Act 2010 on the basis that you have been dismissed due to your Religious Beliefs. The Equality Act definition of religious discrimination extends to discrimination due to the fact you do not have a belief. If you have evidence to suggest you have been dismissed due to your difference in religious beliefs then you are covered by the Act.
You should appeal on that basis and contact ACAS to start early claim conciliation. You should bear in mind there is a 3 month time limit to raise your claim. So you need to get on with this as soon as possible.
ACAS contact details are www.acas.org.uk/earlyconcilation
Is there anything else you would like to know about this?
Customer: replied 1 year ago.
Thank you, ***** ***** does not work I am afraid !
Expert:  Jenny replied 1 year ago.
I'll try again as they seem to have moved it! : ) http://www.acas.org.uk/index.aspx?articleid=4028
Customer: replied 1 year ago.
Thank you, ***** ***** think I have a case then ?
Expert:  Jenny replied 1 year ago.
Yes if you can show that this is the reason you will succeed in a discrimination claim. It may be quite difficult to prove though.
Definitely raise an early conciliation claim as you will see what their response is and it may lead to a negotiated settlement.
Customer: replied 1 year ago.
Thank you for you help
Expert:  Jenny replied 1 year ago.
No problem I would be grateful if you would now take the time to rate my answer as I am not otherwise paid for my work on your question. I do wish you the best with this and do come back to me in the future if you need any more help. You can ask for me by name on the site.
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