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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45291
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Scotland Employed April 15 - Nov 15 No contract of

Resolved Question:

Scotland
Employed April 15 - Nov 15
No contract of employment issued.
On 6/11/15 I sent an email of complaint to my employer re on going bullying towards me by another employee, culminating with being blocked in a small office while he shouted at me and flexed his fists while blocking the only door. On 13/11/15 without any prior notice, my employer sacked me with immediate effect, citing business overspend. No notice formal or otherwise, no offer to be accompanied and the only other person present a self employed contractor.
I believe that within the following 3 months the man who bullied me was sacked when 2 other employees threatened to leave because of being bullied by him.
I have been very ill and unable to work since then. I am about to loose my home (proof hearing for decree is 5/9/16).
I have run out of time to go through an industrial tribunal as I was too ill. Can I now raise a claim for damages through the civil court route or by any other means in legal terms. The potential case is in Scotland.
Thank you
Submitted: 4 months ago.
Category: Law
Expert:  Ben Jones replied 4 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What damages are you seeking exactly?

Customer: replied 4 months ago.
I was employed as a senior manager of the business on £25k pa. I hoped that a minimum of 3 months salary is fair recommpence as damages.
Expert:  Ben Jones replied 4 months ago.

Did you have a contractual notice period due on termination?

Customer: replied 4 months ago.
I was not given a contract. I had an offer letter which stated one month. I did get paid one month in lieu of notice.
Expert:  Ben Jones replied 4 months ago.

I am afraid you have no grounds to take this matter further. You are not protected against unfair dismissal as you did not have 2 years service so you could not have made a claim for that in tribunal anyway. You cannot make a breach of contract claim because that would have only been possible if you were not paid what you were due under contract. You did not have a contract but you did have an offer letter which can be contractually binding. It stated that you were due a month’s notice and you were paid that so no claim there either. As there is no direct claim you can make for bullying or unfair treatment, I am afraid it is not possible to take this matter any further for any more compensation.

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, UK Lawyer
Category: Law
Satisfied Customers: 45291
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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