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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49867
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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One of my workers who I employed months is getting

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Hi, one of my workers who I employed for 14 months is getting me done for unfair dismissal. Our work dried up so we decided to terminate his contract, we paid him all his holiday money etc.. which was due to him, we even said if work picked up we would ask him back. Can he do this.
Thanks steven
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Firstly can you tell me if your employee had any illnesses or disabilities please.
Customer: replied 2 years ago.

Hi Ben,

No none whats so ever we never had a problem with him but unfortunately small businesses have to cut costs we they can when work dries up

Thank you for your response I am working in a tribunal today. I will review all the information given to me
and get back to you later in the day with my advice on how to proceed with this.
please do not respond to this as this may push your question to the back of the queue and you may experience delays.
Many thanks for your patience. If he has been continuously employed at his place of work for less than 2 years then his employment rights will be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that you could dismiss him for more or less any reason, and without following a fair procedure, as long as your decision was 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.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.
If the dismissal had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period, because unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. You would either have to allow him to work that notice period and pay him as normal, or they pay him in lieu of notice.
So in the circumstances it is unlikely he can claim for unfair dismissal as he simply does not meet the required criteria to claim.
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
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Customer: replied 2 years ago.

So in your opinion he doesn't have a case! And we should stick him out he basically said that it wasn't fair that we have terminated his contract it should have been someone else. The area where he was working had 2 workers the other one who still works with us is the much more experienced so we kept him.

Thanks for all your info by the way, end of the day its a father and son business just trying to get on, sometimes when things like this come up you begin to doubt everything you do.

Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unneck of the queue and you may experience unnecessary delays.
Hello, sorry for not getting back to you sooner, I had problems accessing the site over the last couple of days.
You are correct that he does not have a case unless he can show that he was discriminated on the limited exceptions I mentioned above and I do not see that being the case. He may think it is unfair because he was the one selected but that does not mean it was unlawful too and in this case you could have legally dismissed him even if it appeared unfair to him.
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