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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49857
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was sacked from my workplace yesterday due to a fraud investigation.

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I was sacked from my workplace yesterday due to a fraud investigation. I work in finance and all I was told was that they are dismissing me pending further investigation. 2 other members from my team were also unfairly dismissed. I'm not sure what to do about it
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.
3 years
Were you taken through a formal disciplinary hearing?
Customer: replied 2 years ago.
No, they took me into an office and told me that I was seen on the persons account in June 2015, I was on the account as that is part of my job.
Customer: replied 2 years ago.
I am a contractor so it may be different for me in terms of a disciplinary hearing
Customer: replied 2 years ago.
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Did you have a notice period on termination stated in the contract?
Customer: replied 2 years ago.
Yes, a month
As a contractor you do not have the same protection as employees who are protected against unfair dismissal. Also with employees the employer has to ensure that a fair procedure has been followed and a fair reason for dismissal exists. None of this applies to you unfortunately and if necessary the employer could dismiss you immediately and without a fair reason or procedure. You would still be able to rely on any terms contained in your contract though and if these state that a specific procedure should be followed on dismissal the employer is still expected to adhere to this. Failure to do so would amount to a breach of contract. If no dismissal procedure is stipulated they can just give you notice of termination and dispense with your services immediately. So the only remaining issue then is whether you are paid your contractual notice period as that is the only thing you can pursue them for. Again, you need to check the contract to see if there are circumstances where no notice period is payable (e.g. in cases of gross misconduct). If there is nothing on the subject then you can still expect to be paid for the month’s notice but you cannot challenge the dismissal itself. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you have to claim for your notice period, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Ben Jones and other Employment Law Specialists are ready to help you
Thank you. If they do not pay you the notice period due then whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.