Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
What grounds did the employer state when you were dismissed last Friday? Also, was this put in writing to you?
Also, how long ago was the work done on the customer's vehicle?
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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
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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:
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.
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
You are welcome