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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44961
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My son was arrested and charged with rape. He claims he is

Customer Question

My son was arrested and charged with rape. He claims he is innocent. He works in the care industry for vulnerable adults. He was suspend d from work on full pay until such time as the case was decided. He has now been told that the company cannot afford to pay him and he has been given four weeks notice. Does he have any rights he has only worked for company about a year.
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.
He probably is innocent. There is not much genuine abuse in the UK.Are you asking about the criminal matter or the employment one?
Customer: replied 9 months ago.
Employment one
Expert:  Jo C. replied 9 months ago.
Not my area then but I will pass this onto somebody who can help.
Customer: replied 9 months ago.
Thanks
Customer: replied 9 months ago.
Could you tell me the situation with work
Customer: replied 9 months ago.
Please can you put me on to a different solicitor
Expert:  Ben Jones replied 9 months ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. How long has he worked there for?
Customer: replied 9 months ago.
For about a year.
Expert:  Ben Jones replied 9 months ago.
Thank you. If he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that his employer can dismiss him 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 he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim. If the dismissal had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period, because unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. Assuming he was entitled to 4 weeks’ notice under contract then as long as he is paid for that he would not be able to challenge the dismissal, unless it was down to discrimination. However, I cannot see any evidence that this is the case so it is unlikely he would be able to take this further. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 9 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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