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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48547
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I worked for Homerton College from 27th June until last

Customer Question

I worked for Homerton College from 27th June until last Tuesday when I was sacked. Within my employment I went through two impromptu reviews where I had no representative and was criticised for the way I dressed even though they had no dress code and also criticised for my working practices ("personal emails" sent from an email address to another colleague but it was a shared email box, requests for time off early in my employment as my little boy was moving schools having agreed to work the time back, hours of work event though I'd played my cards on the table right from the word go and said I could be flexible but with some notice etc..) My dismissal was also impromptu and two days after I'd returned from holiday (why wasn't it the first day i was back?) I'd also spent half a day before I went on holiday writing and handing over a very thorough explanation for while I was away). The only reason I was given was too many mistakes and a lack of attention to detail - no specific examples given even having asked. Do I have a case for suing for unfair dismissal?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

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

Expert:  Ben Jones replied 1 year ago.

How long did you work there for?

Customer: replied 1 year ago.
I started 27th June and got sacked last Tuesday.
Expert:  Ben Jones replied 1 year ago.

Thanks I will reply fully later this afternoon

Customer: replied 1 year ago.
Ok great thanks.
Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. The issue for you 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.).

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.

If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.

This is your basic legal position. I have more detailed advice for you in terms of the options you have if you had to pursue them for any notice period, 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

Ben Jones and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
I've got no leg to stand on at all?
Expert:  Ben Jones replied 1 year ago.

Not unless you can show there was discrimination