Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long had you worked there and was your employer aware that you had a ban?
OK thank you. Please can you also let me know if your employer was aware that you were on a driving ban. I will then review the relevant information and laws and get back to you as soon as I can. Please do not respond to this message after you have provided the information as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Many thanks for your patience. Sorry my silence was no indication of anything, it just meant that I was working on this and was not able to get back online until now.
Anyway going back to your query, the main issue here is that 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.). 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 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.
This is your basic legal position. I have more detailed advice for you in terms of the options you have for pursuing your notice period in the event it as not paid, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
ok so you can appeal with the employer at first, this is the first step but if the appeal is dismissed then unfortunately you cannot take the matter any further to challenge the dismissal itself because you do not meet the minimum criteria to be able to claim. S the only thing then would be to try and get the notice period you were due, assuming you were not paid that. So did they pay you your notice period on termination?