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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50161
Experience:  Qualified Employment Solicitor
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BenI was looking onto how to get advice son.He

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Hi Ben I was looking onto how to get advice for my son. He has had his contact terminated just before his first year of continuous service. I am an employer and understand that this can be done, but this will affect his future employment chances. They have not given any specific instances and have terminated on the grounds of 'not meeting their expectations', even though there have been no consultations in the past indicating any problems. He has been given the right to appeal. It is our suspicion that they are just shedding people as they are in a bit of difficulty with a client, we understand that there is no hope of the appeal being upheld. He would have liked to have been given the opportunity to resign rather than being dismissed. We can write an appeal but he really just wants then to let him resign. I would state the no evidence was presented to uphold the reasons for dismissal and the one thing they did sight which was true there are witnesses to counter the employers claims. Do we write an appeal and wait, this may prompt them into an investigation but will not change the outcome, or do we just ask straight if he can resign rather than wasting time with an appeal? It is all about the future employment chances. They have said that they will give a reference when needed but what will that say?

Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. As you may already know, if he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that his employer can dismiss him 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 he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.). So they do not have to provide evidence of the reasons used or allow him to defend himself before being dismissed. They could simply just issue him with notice of termination and end his employment. So there is no need for them to offer him the option to resign. They certainly could do but that is left entirely at their own discretion. If they were to provide a reference then they can say that he was dismissed but when providing reasons for it they should ensure they are factually correct. So that is when they should have really gone through a more fair procedure – but they could just issue a basic factual reference containing his job role and dates of employment without stating reasons for dismissal. Therefore, they can issue a reference stating he was dismissed as that was correct, but they should try not to include the reasons for it because these were not investigated properly and he was not given the chance to challenge them. He should contact them as soon as possible to propose being allowed to resign instead and he could appeal at the same time. Just be advised that there is nothing in law he can use to force them to accept his proposal and the employer could easily let the reason for termination stand as dismissal. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

It is the validity of the reference that is worrying me. He will not be able to lie on future job applications and will have to say he was dismissed, and the reasons they have stated, 'Your standard of work and approach have not met our expectations', which has not been established, and due to present emp law never will in this case, will affect future interviews. I am worried that mounting an appeal will make then formulate a response which again can not be challenged and then they can put that in a reference. In your answer above you say that in a reference they will need to be factually correct but have offered no evidence to uphold that statement. Also my son will not see the content of the reference. Is there nothing we can do ?

It’s difficult because the employer has the upper hand in this situation. Regardless of whether he was given the chance to defend the dismissal, the reasons could stick – they can always say that his performance did not meet their expectations because that can be an unmeasured thing – it is simply a matter that he may not have been suitable for them. So they could always dismiss and always use such a reason regardless of whether he was taken through a dismissal process or not. The best thing he can do here is plead with them to allow him to resign or at least to get a neutral or positive reference just to enable him to get on with his life – he may not be suitable for them but his future employment opportunities should not be affected by this. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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