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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47600
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I was asked to leave my place of employ last Friday,19 Aug,i

Customer Question

hi i was asked to leave my place of employ last Friday,19 Aug,i am a motor mechanic and been there 5 years,i was told late on that Friday after my boss had received an email from a customer about a knocking from front of vehicle, apparently the nearside front wheel nuts had been loose.I new nothing of this apparently he went to the customers house to have a look. I had been told nothing about this,no code of practice had been carried out so no chance to defend.Thursday of this week some six days later after he had dismissed me from his employ, he had either been told or had taken advice as to how serious this mater was,so he sent me a request to attend a investigatory meeting.I have been told by a legal friend that because a code was not followed from day one and being some Six days later i can decline the meeting as no code of practice was followed correctly ,and then make a case myself, question is this correct or if i attend does that follow he can start the process of the code from the date of the meeting.
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 11 months ago.

What grounds did the employer state when you were dismissed last Friday? Also, was this put in writing to you?

Expert:  Ben Jones replied 11 months ago.

Also, how long ago was the work done on the customer's vehicle?

Customer: replied 11 months ago.
Hi Ben
There were no grounds other than he asked me to leave,
Nothing put in writing,and still nothing
Customer: replied 11 months ago.
two weeks before, but apparently only had done 10 miles.I remember the car and torquing, the wheel nuts.. with with company torque wrench
Expert:  Ben Jones replied 11 months ago.

OK, thank you for your response. I will review the relevant information and laws and will 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. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 11 months ago.

Many thanks for our patience. What you have been advised is correct. 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. The procedure must adhere to the ACAS Code of Conduct so if no fair procedure was followed then the dismissal can be unfair. If the dismissal has already taken place then it is too late for the employer to try and fix things by starting the fair procedure now. So you are entitled to decline to attend any investigatory or disciplinary hearings now and can consider taking this further for an unfair dismissal.

This is your basic legal position. I have more detailed advice for you in terms of the steps you must follow if you wanted to take this further, 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

Expert:  Ben Jones replied 11 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Ben Jones and 4 other Law Specialists are ready to help you
Expert:  Ben Jones replied 11 months ago.

Thank you. Once the dismissal has taken place you have 3 months to make a claim for unfair dismissal in the employment tribunal. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.

If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.

The conciliation procedure and the form to fill in can be found here:

https://ec.acas.org.uk/Submission/SingleClaimantPage

In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.

Customer: replied 11 months ago.
Thank you Ben,this is most helpful,have now emailed the company and declined not to go to the investigatory meeting.Have also given him a chance to settle this with no tribunal,it is now ten days since i was dismissed and still nothing in writing.
RegardsMark Grant
Expert:  Ben Jones replied 11 months ago.

Thank you. Don't worry too much if they do not respond, they have another chance once you engage ACAS and if that still does not resolve things, you can always make your claim in tribunal

Customer: replied 11 months ago.
Thanks
Expert:  Ben Jones replied 11 months ago.

You are welcome