Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Hi there. No problem at all. Please can you tell me what the ideal outcome would be for you in this situation so that I can advise you of your options?
Hi there. Thank you for your response; please leave it with me. I am in court today so will prepare my advice during the day and 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. Regarding the cost, you can check this by contacting customer services - http://ww2.justanswer.co.uk/en-gb/help - Thank you.
Just to clarify the chat does not cost anything extra - you only pay a one off fee but you may be on a subscription so check with customer services that you are not to ensure no monthly fees.
The issue here 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.).
It does not matter whether you were on probation or not – this does not determine your rights against dismissal – it is your length of service that matters – a probation is just an internal performance process that does not impact your legal rights.
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 on taking this further if you are not paid what you are due for 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
Hi there, whilst strictly speaking you can try and argue breach of contract, that would not actually prevent a dismissal because the right to dismiss in the first two years service does not depend on having to follow the contract or provide the necessary training, etc. So that will not help you here.
In terms of discrimination, any evidence can be used as long as it shows that the reasons for the dismissal were because of a protected characteristic, just as because you were of a different race, because of your age, your gender and so on. So It could be comments the employer has made, direct comparisons with how others of different races, genders, ages were treated to you and so on.
The finally, even if you call in sick they can dismiss you. The right to take sick days and be paid only applies whilst you are working for them – they can dismiss you at any time, even if you are off sick at the time. So you are entitled to be paid for any sick days you have taken whilst working for them. However, once you have left you will no longer get any payment for this. Hope this all clarifies?
Hi, no that is not how it works - you do not need to be physically present in work for them to be able to dismiss you. They simply need to issue you with notice of dismissal so they can just send you a letter giving you notice and that can happen even if you are off sick. So being off sick does not prevent a dismissal in any way