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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 53705
Experience:  Qualified Employment Solicitor
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I have had an unfair work dismissal, what can i do?

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I have had an unfair work dismissal, what can i do?

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

How long have you worked the for and why is it unfair dismissal?

Customer: replied 9 months ago.
i started the job beginning of december. it was an unfair dismissal because i called in saying there was a family emergency and the boss said about handing in my uniform.

ok leave it with me please i will reply this afternoon

thanks for your patience. Please explain what kind of emergency it was and if this is the actual reason they used to dismiss you?

Customer: replied 8 months ago.
I only told them it was a family emergency and that I couldn't go to work. They didn't know what was actually going on, but at the time me and my partner were on the verge of breaking up and it involved our daughter. The boss said I was calling in sick but obviously I wasn't.

When you say it involved your daughter, what exactly do you mean?

Customer: replied 8 months ago.
As in we were discussing who has her
Customer: replied 8 months ago.
But that has nothing to do with the fact that the boss fired

Thank you. The starting point is that 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

In the event that the reason for dismissal fell within any of these categories, 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 then you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That could happen if you were not paid your contractual notice period (unless you were dismissed for gross misconduct) or the employer had not followed a contractually binding dismissal procedure. 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.

Whilst there is a right to take time off for dependants, which covers family emergencies, what happened to you will not qualify. You would have had to have been required in an emergency to take care of a dependant, for example if your daughter had injured herself and you had to look after her, or she had her child care suddenly cancelled and there was no one else to look after her. Unless you can show that this is why you needed time off and that this was the reason for dismissal, you will not be able to challenge the termination, simply because you do not have the required service with them.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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