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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 58832
Experience:  Qualified Employment Solicitor
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Complicated one hope you can help. I got head hunted for a

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Hi there, complicated one hope you can help. I got head hunted for a serious role which I was paid a sign on bonus. ( to leave my existing employment) My role was the Group Sales and Marketing Director for a small family run construction business which was on the verge of a significant growth spike. I was given a brief blank canvas put systems together build a sales team launch a website etc etc - The reality was nothing I have ever experienced - Family politics, ignored, curve balls each day - no one report but all the owners - major delays on decisions no communication- I felt useless - after 4 months I called a meeting mutually agreed to part company there words were - We are not ready for your experience - maybe in a couple of years - this is not working for us and we do t want to lead you on - We wilmpay tou the second half of the sign on bonus and amonths money - Feel I should have got more ?
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Unemployed
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No thanks

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

What do you think you should be entitled to?

Customer: replied 3 months ago.
I got the second half of my sign on bonus which is what I would have got had i stayed with my previous employer - this I feel should have been a given - Putting this to one side I got an extra month - I feel they missed hired me and should give me at least 6 months to a years salary ? Thanks
Customer: replied 3 months ago.
Hello there

Hi there, sorry I was offline by the time you had replied. It’s a tricky situation as your rights in the first 2 years as 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.

So they can legally dismiss you simply by paying you the notice period due. Any extra compensation on top of that would only be possible if they had deliberately misled you into joining them. However, if it is a case of things simply not working out rather than a deliberate misrepresentation on their part where they clearly lied about your job, it will be difficult to claim. There is nothing stopping you from approaching them and asking for more but if they refuse you have to go to court and make a claim and prove all these deceptions, which in the circumstances will be difficult and risky.

Does this answer your query?

Customer: replied 3 months ago.
that does thanks very much

All the best

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