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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 69008
Experience:  Qualified Employment Solicitor
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After being 5 weeks into a new job, I was told over the

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After being 5 weeks into a new job, I was told over the phone, 2 hours before my night shift was to begin, that my probation was being terminated. I asked the reasons why and was told by my manager, that she would not discuss over the phone and that a letter would be sent out. A week later and I’m still waiting. Is there a time period in which I should by law, receive this letter?
Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: I tied discussing it with my manager and she refused to tell me any information.
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I’m now unemployed and I don’t belong to a union. I’m a Registered General Nurse
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: It’s ok just forget it

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Have you checked when they sent it out to you?

Customer: replied 6 months ago.
They haven’t sent anything out to me. That’s why I’m asking if there’s a legal timeframe in which I should’ve received a termination of employment letter.

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?

Ben Jones and 4 other Employment Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you

All the best