How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 62517
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I was employed as a club secretary and employment was

Customer Question

i was employed as a club secretary and employment was terminated by an egm meeting no way was I informed of any entitlement to legal representation.
Assistant: Where are you located? It matters because laws vary by location.
Customer: Birmingham
Assistant: Has anything been filed or reported?
Customer: not sure about that
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: there were certain allegations against me
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

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

Expert:  Ben Jones replied 2 years ago.

How long did you work there for?

Customer: replied 2 years ago.
4years
Expert:  Ben Jones replied 2 years ago.

When was your employment terminated?

Please note I am leaving the office shortly and will likely respond later this eve once back home, thanks

Expert:  Ben Jones replied 2 years ago.

Hi there, I haven't heard back from you in relation to my last query above - when was your employment terminated? Please reply so I can get back to you, thanks

Customer: replied 2 years ago.
1st October 2018 the employment was terminated
Expert:  Ben Jones replied 2 years ago.

Thank you. I presume you meant 2017 so I will continue on that basis.

If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them the employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.

According to the Employment Rights Act 1996 there are five separate reasons that an employer could rely on to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and that the outcome was one that a reasonable employer would have come to in the circumstances.

In terms of legal representation you do not have the right to such, but you do have the right to be accompanied by a colleague or trade union rep at any dismissal meeting. If the employer has failed to follow a fair procedure or provide a fair reason for the dismissal, then it could make the dismissal potentially unfair and it can be challenged.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss your options on taking this further. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Expert:  Ben Jones replied 2 years ago.

Hello, my response should be visible on this page. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 2 years ago.

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