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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46207
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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There, I worked company almost one year and they

Customer Question

Hi there,
I worked for a company almost one year and they have sacked me without given me any notice even I haven't done anything wrong. They just briefly explained the reasons are 1. We couldn't work out 2. That's not they expected from me 3. They think that I progress slowly within a year. They pay me until end of this month. Am I entitle to make a claim as a case of unfair dismissal?
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
I have already seeking advice from Acas but then they said the employment tribunal is not going to consider this is entitle to make a claim as I need to work for the company at least 2 years. I read through my employment contract, which said the company can cancel our employment agreement anytime without notice only if there's a case of misconduct. That's definitely not relevant according to what they explained the reasons for sack me.
Customer: replied 11 months ago.
I never received any warning letter from the company. I had a good appraisal feedback just couple months ago. They never mentioned if I made any mistakes or have done something, which they are not happy about me at a mini review just in a month ago.
Customer: replied 11 months ago.
I think they are playing with a special rules that if an employee is fired within one year of employment, the employer has no liability of redundancy pay. They want to keep their wage bill low by hiring a new person.
Expert:  Ben Jones replied 11 months ago.
Hello how much notice were you entitled to under contract?
Customer: replied 11 months ago.
One month notice regarding the contract.
Expert:  Ben Jones replied 11 months ago.
Ok what you have been told by ACAS is correct. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you 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 you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice. If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim. This is your basic legal position. I have more detailed advice for you in terms of the options you have on making a claim if you were not paid your notice period or if you tink you were discriminated, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46207
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 11 months ago.
Thank you. So have you not been given your notice period or been discriminated on any of the mentioned grounds?
Customer: replied 11 months ago.
No I haven't been given any notice. There's no discriminated on any of the mentioned ground.
Expert:  Ben Jones replied 11 months ago.
ok but you said they will pay you until the end of the month even though you are not working?
Customer: replied 11 months ago.
Yes that's right.
Expert:  Ben Jones replied 11 months ago.
and when were you sacked?
Customer: replied 11 months ago.
07/04/2016
Expert:  Ben Jones replied 11 months ago.
ok so from that date you are entitled to a month's notice. They do not have to allow you to work through it and can pay you in lieu of notice, which means that they need to pay you the equivalent of your pay for that month and can let you go early. So they may be paying you until the end of the month but you are entitled to be paid until 7 May so they look like they may shortchange you by a week. You are entitled to be paid for that extra week in May so do not hesitate to contact them about it. In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow. If the employer does not return the money as requested, the following options are available:1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: ***** ***** by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.
Customer: replied 11 months ago.
Thank you very much for all these useful information.
Expert:  Ben Jones replied 11 months ago.
You are welcome, all the best

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