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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47608
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Was working with Criminal Justice as Community Service

Customer Question

Was working with Criminal Justice as Community Service Supervisor,was put off on paid leave as breached client confidential, received no training and eventually my health suffered while it was investigated,I feel I was put in to a situation and had no option to leave,but since then various people have said I was sacked, I would like to know my Rights?
James****
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

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

Expert:  Ben Jones replied 10 months ago.

How long had you worked there for and when did your employment actually terminate?

Customer: replied 10 months ago.
Worked for 6 months with them,yes terminated.
JD.
Expert:  Ben Jones replied 10 months ago.

Can I just check when the employment was terminated and also what are you hoping to achieve?

Customer: replied 10 months ago.
Was forced to leave but now being told was sacked,just looking for compensation due to the fact wasnt trained in client confidentiality and not offered a jag for hep C which is what started the disciplinary procedures ,made to hand keys etc and marched out of the building like a criminal.JD
Expert:  Ben Jones replied 10 months ago.

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 steps you need to take if you are to pursue them for this 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

Expert:  Ben Jones replied 10 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

Expert:  Ben Jones replied 10 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.