How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48190
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

My employment has been terminated today at the end of my probationary

Resolved Question:

My employment has been terminated today at the end of my probationary period. I did not receive a job description or induction at the start of my employment. I have no received a contract of employment and I have worked for the company for 6 months. I have received no reviews or feedback on my performance during the six months of my employment. I was invited today to a
Probation review meeting this afternoon, which I attended. I was given no opportunity to have any person accompanying me. My employment was terminated due to the company owner "losing confidence" in me. I had not been made aware of any concerns previously. I have been given four weeks PILON as per my offer letter, which does not state that my employer is entitled to pay in lieu of notice. I would be grateful for any advice as to whether or not I have a claim for wrongful dismissal.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
How long have you worked there?
Customer: replied 1 year ago.
Since September 7 2015
Expert:  Ben Jones replied 1 year ago.
What are you looking to recover if you were t make such a claim?
Customer: replied 1 year ago.
I don't want to return to the company. I would prefer compensation for the wrongful dismissal and to compensate me for any time that I am without work
Expert:  Ben Jones replied 1 year ago.
Are you specifically referring to wrongful dismissal (breach of contract) or unfair dismissal?
Customer: replied 1 year ago.
I don't have sufficient length of employment to qualify for unfair dismissal, is my understanding so my claim would possibly fall under wrongful dismissal?
Expert:  Ben Jones replied 1 year ago.
Yes you are correct that you cannot claim unfair dismissal due to your length of service. To claim wrongful dismissal, you must show that the dismissal was done in breach of contract. This is usually if you are dismissed against the terms of your contract. The first issue is you do not have a contract of employment so you cannot reference any specific terms. There will be implied terms and these will be determined by things like your offer letter or negotiations. This is where the notice period comes in – you were due 4 weeks and they are paying that so no claim there. Yu state that they are paying you in lieu of notice when no right to do so. That may be the case but you can only claim for losses suffered as a result of doing that, so any benefits or holidays you would have accrued had you been allowed to work through the notice period. They are already paying your wages for that period, unless other benefits applied, your only claim is for whatever holidays you would have accrued over these 4 weeks. You cannot challenge the way he dismissal was undertaken or the reasons for it – this is all to do with unfair dismissal, so in this case all I can see is a claim for loss of benefits during notice period, which as mentioned may only be limited to holidays and if they agree to pay these, there would be no other grounds on which to claim. 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
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
No, that's fine. I appreciate the honesty and I will ensure that I receive the benefits to which I am entitled during my notice period such as holiday, pension and car allowance.
Expert:  Ben Jones replied 1 year ago.
You are welcome and all the best