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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50518
Experience:  Qualified Employment Solicitor
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My partner has just been finished by his employer he has

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Hi my partner has just been finished by his employer he has workex for them for 6 months unfortunatly his mum diex and he had to take 3 weeks off to deal with tgings he had a valid sick note for this time but the company said he had taken to much time ofc have we any legal recourse

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Please can you confirm, how much time your partner has had off during the course of his 6 month employment?

Customer: replied 6 months ago.
He had 3 weeks
Customer: replied 6 months ago.
Which was covered by a doctors sick note

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

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 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 a reason which makes a dismissal automatically unfair. These include:
• Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)
• Taking, or trying to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave
• Making a protected disclosure (i.e. whistleblowing)
• Being a part-time worker

In the event that the reason for dismissal fell within any of these categories, then the dismissal could be automatically unfair and there could also be a potential discrimination claim.

However, if the dismissal had nothing to do with any of the above exceptions, he would not be able to challenge it. In that case his only protection would be if he was dismissed in breach of contract. That could happen if he was not paid his contractual notice period (unless he was dismissed for gross misconduct) or the employer had not followed a contractually binding dismissal procedure. If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. His employer would either have to allow him to work that notice period and pay him as normal, or they will have to pay him in lieu of notice.

So in this case he will not have any protection because the reasons for dismissal were not for any of the excepted grounds mentioned above. He may have had a valid sick note but that does not provide any immunity so unless the absence was disability-related, which it was not, he cannot claim any discrimination and the dismissal will be valid, even if immoral.

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 actual legal position. 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 I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 6 months ago.
Thanks
Customer: replied 6 months ago.
Thanks nothing further required

you are welcome and all the best