Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Based on what you have described, please can you tell me what the ideal outcome would be for you in this situation, so that I can look at your options. Thank you.
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
OK thank you and no problem at all.
Hi there, thanks for your patience. If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.
According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss.
If they simply go ahead with terminating your employment by not following a fair procedure and giving you notice, then the likelihood is that this would amount to an unfair dismissal, which you can challenge. Whilst there is nothing to prevent them from terminating your employment, you can certainly challenge the reasons and overall fairness.
You may have accepted an offer to terminate your employment but that would need to go through a settlement agreement, where you are required to take formal legal advice before you sign it and until then it would not be legally binding anyway. So if you want to reject the offer, you may do so. That puts the ball back in the employer’s court and it would be for them to decide how to proceed with this. As mentioned, they could just decide to terminate your employment anyway but they would be required to show there was a fair reason and follow a fair procedure too and in the absence of either, the dismissal can be challenged as an unfair one.
This is your basic legal position. I have more detailed advice for you in terms of the rights you have should they try and dismiss you anyway, 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
you can resign if you wanted to, you can rely on constructive dismissal to leave with immediate effect and potentially pursue a claim against them for being forced out. However, if you are likely to be dismissed anyway then I would let that happen and pursue an unfair dismissal claim instead. This is generally considered an 'easier' claim because it is for the employer to prove there was a fair dismissal, whereas in constructive dismissal you have to prove that there were the required elements for you to resign and claim. If the staff have left for these reasons and they are able to act as a witness for you, then that can indeed help your position.
If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
your record and service will indeed count when considering the fairness of any dismissal as that needs to be taken into account when the reasonableness of any decision is considered. Also as mentioned the offer will not really be binding until you have taken legal advice and signed the settlement agreement with the employer. If they still dismiss based on that offer you will be able to claim unfair dismissal. Listening to a private conversation would only be an issue if you had deliberately set out to do so and had for example bugged them or done something unlawful to listen in, not just accidentally coming across it. Snatching the paper is not going to be a serious enough issue to dismiss you for. You will still get maternity pay even if dismissed - that is not affected by it and even if you no longer work for them you still get SMP. Any tribunal claim will likely take a few months.
you have to be sure that you can link all that has been going on with the reasons for dismissal - are they actually linked or were they just unrelated matters and you ended up being dismissed even if it had nothing t do with all of these other issues. just because there have been examples of unfair treatment does not necessarily mean that they are part of the reasons for the dismissal
How much notice do you have to give under contract?
ok but what is your personal obligation, how much do you personally have to give?
A tribunal cannot force the employer to take you back on. They can make such an order (rarely done) but even with that the employer does not have to take you back on. Instead you are likely to be looking at compensation only. Yo can use this calculator to get an idea of what you may be entitled to: