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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 56568
Experience:  Qualified Employment Solicitor
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I've been dismissed without warning on the spot and asked to

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I've been dismissed without warning on the spot and asked to leave what are my rights?
JA: Was the termination discussed with a manager or HR? Or with a lawyer?
Customer: No warning at all
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Yes with employees but I had no contract
JA: Anything else you want the lawyer to know before I connect you?
Customer: I worked in the company 16 months

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

What reason did your employer provide for dismissing you and how long had you worked there for?

Customer: replied 9 days ago.
Customer had complained about the way I answered her in a fit meeting (clothing trade)I worked for 16months with no contract
Customer: replied 9 days ago.
She bombarded and bullied me with questions about the company that I could not answer as it was not in my job description to deal with production issues and did not have an answer on the spot she was very aggressive

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. If you have been continuously employed at you 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 the 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/paternity leave, parental leave, adoption leave or leave for dependants

However, if the dismissal had nothing to do with any of the above exceptions, 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 would usually happen if you were not paid any contractual notice period due to you (unless you were dismissed for gross misconduct, where no notice would be due). If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow you to work that notice period and pay you as normal, or they instead have to pay you in lieu of notice, where you are paid for the equivalent of the notice pay but your employment is terminated immediately.

Does this answer your query?

Customer: replied 9 days ago.
I understand that I have no rights at all very unfair when I have performed my job well but did not have a contract. My employers constant aggressive behaviour and actions throwing thing at me is perfectly legal?as I have worked under 2years?
Customer: replied 9 days ago.
Thank you

Unfortunately so. It is perhaps unethical, but that is an entirely different matter, which you cannot legally challenge. The legal rights depend on the length of service

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