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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 51214
Experience:  Qualified Employment Solicitor
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My Question is what legally needs to be put in a grevience

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My Question is what legally needs to be put in a grevience letter to an employer who have sacked during probation term without previous discussion or warning

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

What reason, if any, did the employer provide for dismissing the employee?

Customer: replied 4 months ago.
They said I was not keeping her time keeping and her general work,

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.

Just to clarify – are you the employee who has been sacked?

Customer: replied 4 months ago.

Ok I am not sure how much you know about your rights, but 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 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

They do not need to have issued any previous warnings and can go straight to dismissal. So unless you can show that you were discriminated, you cannot challenge the dismissal and as such it does not really matter what you pout in your grievance because it will not change the employer’s decision or your rights.

So can you show that you have been discriminated?

Customer: replied 4 months ago.
It will be trickey but not impossible, The MD wanted a relationship. I changed home, job etc and when the relationship was not something I wanted, I was dismissed.

You are right, it will be tricky but still, whatever you put in the grievance is just for you and the employer. I suggest that you appeal the dismissal by highlighting what you believe the actual reasons for it were, but if that is rejected you can consider a tribunal claim for automatically unfair dismissal on grounds of sex discrimination.

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 the steps you need to follow if you were to claim. 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

Ben Jones and other Employment Law Specialists are ready to help you

Thank you. Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

Customer: replied 4 months ago.
I am looking to ask another question regarding my web designer company can I ask you or do I need a link

if you could please post it as a new query on our site that would be great