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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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My daughter was working for a company part time when after

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My daughter was working for a company part time when after six weeks of work she was told that the store the company was working in is going to shut in 6 weeks but after two more weeks the manageress called my daughter and said she was not needed anymore with immediate effect on questioning the manageress she got very offensive and then started criticiting some points about my daughters work but at no point did she raise these points before the news of the store shutting. Do you think this falls under unfair dismissal?
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

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

Expert:  Ben Jones replied 6 months ago.

Do you think there were any other reasons for her dismissal?

Expert:  Ben Jones replied 6 months ago.

Hello, not sure if you saw my initial query above - Do you think there were any other reasons for her dismissal?

Customer: replied 6 months ago.
The initial reason was Tesco decided to stop the beauty counter that was been rented to the company my daughter was working for but while working notice of six weeks she was talking to one of her co workers about setting up her own business as she had nowhere else to go. within a few days she was told not to come to work and subsequently found out the manageress of the franchise was also setting herself up as a business working from home and she was accusing my daughter of taking her potential clients for my daughters business! My daughter did not do anything of the kind and felt wrongly accused but just kept her cool and just said she would be intouch. we have text messages to this effect.
Expert:  Ben Jones replied 6 months ago.

Thanks for getting back to me. If she has been continuously employed at her place of work for less than 2 years then her employment rights will unfortunately be somewhat limited. Most importantly, she will not be protected against unfair dismissal. This means that her employer can dismiss her 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 she was trying to assert any of her statutory rights (e.g. requesting maternity leave, etc.).

If the dismissal had nothing to do with any of the above exceptions then she would not be able to challenge it and her only protection would be if she was not paid her contractual notice period, because unless she was dismissed for gross misconduct, she would be entitled to receive her contractual notice period. If she did not have a written contract in place she would be entitled to the minimum statutory notice period of 1 week. Her employer would either have to allow her to work that notice period and pay her as normal, or they will have to pay her in lieu of notice.

If she was not paid her notice period when she was due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and she could make a claim in an employment tribunal to recover the pay for the notice period that she 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 she has to take this further in the event she has not been paid what she is due, 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 6 months ago.

Hello, my response should be visible on this page. 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, UK Lawyer
Category: Law
Satisfied Customers: 46207
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Expert:  Ben Jones replied 6 months ago.

Thank you. If she is not paid what she is due under contract then she can consider taking this further by arguing it is either a breach of contract or an unlawful deduction of wages.

In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.

If the employer does not return the money as requested, the following options are available:

1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals

2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.

Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.

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