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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50193
Experience:  Qualified Employment Solicitor
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I have worked same company year,no problems.

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I have worked for the same company for a year,no problems. I work extremely hard customers like me. When I was trained I was told to open the till a certain way which is the way I always open it for customers to change money for machines. The tills are never short. Today I was asked why I open this way I explained it was the way I was shown. They told me I may be suspended after having a chat with management and this could lead to dismissal. I am very scared as I would never put my job in jeopardy this is purely innocent on my part. I am a medical student and this job is to see me through my studies. I really need some advice as I really do not want a sacking under my belt. Could this be unfair dismissal?
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Have you actually been suspended yet?
Customer: replied 2 years ago.
No, I haven't, it's pending management meeting
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.). I see no evidence that this is linked to discrimination in any way so they could dismiss you quite easily even if it was based on unfair reasons, rumours or no evidence at all.
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.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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