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Ben Jones
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Employment Law
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Qualified Employment Solicitor
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I have been working company months. My contract
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I have been working for a company for 13 months. My contract was extended in July to the end of December and I received a letter to this effect but no new contract. I was told verbally, ( in front of a number of witnesses), that my position was permenant, but did not receive anything in writing. I have had no key performance indicators to deliver. The company has now decided to advertise the post I have had for the past 13 months. Do I have any rights or redress in this situation? Thank you
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Ben Jones
replied 2 years ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. 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.). 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 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. So it does not matter whether your job was confirmed as being permanent or not – even permanent employees could be dismissed in the first 2 years with no reason and only subject to the limited exceptions above. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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