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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50161
Experience:  Qualified Employment Solicitor
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I worked for my employer for only 9 months and he paid me off

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I worked for my employer for only 9 months and he paid me off without giving me a warning he said it was due to absence i had been off sick 5 seperate times for 10 working days total once was for a minor operation to remove a mole where i was off 3 days one was when i had an ear infection and i was off 3 days and 2 different days off with migraine headaches the last time i was off was for 2 days and i was just generally sick in fact i had gone into work ill on the monday and my supervisor said to me if you are that ill tomorrow dont come in well i was still that unwell so didnt go in on the tuesday and wednesday and on the friday 5 mins before home time my manager asked to see me said i had to attend a meeting on monday about my absences i asked if it was serious and if i would need someone from the union with me he told me i would be better asking the other person who would be attending the meeting i think she was in HR i sent her an e mail and got no reply so went to the meeting on the monday and was paid off i do not think this was fair as they never followed the correct procedures in there own staff hand book i should have been spoken to by my manager and given a warning first it was 3 months since i was paid off can i claim unfair dismissal

Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When were you dismissed?
Ben Jones : I am going offline shortly but will respond first thing in the morning thanks

I was dismissed 17th march 2014

Ben Jones :

Good morning, thanks for your patience. 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.


Assuming you were paid what you were due, then unfortunately you cannot claim anything about the dismissal or challenge it as you simply do not meet the minimum criteria required in law to do so.


Hope this clarifies your position? If you could please let me know that would be great, thank you


Hi Ben,


Thanks for the information


You did clear things up for me thanks for your help

Ben Jones :

you are most welcome, all the best



Ben Jones :


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