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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 63369
Experience:  Qualified Employment Solicitor
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Yesterday I was fired and escorted from the office. All I

Customer Question

Yesterday I was fired and escorted from the office. All I was told was they no longer need an IT Administrator. It was my Line Manager who did this and HR were not present. I have reported this Line Manager for bullying on several occassions. What are my rights?
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: This just happened yesterday after lunch. The meeting lasted 2 minutes and the line manager stood over me while I packed up my stuff then saw me out. He wouldn't let me contact or speak to anyone
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I was an employee and started working there in November
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just my rights and how much it will cost
JA: The Expert's answer will cost $10 to $100, depending on the issue type and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit.
Customer: I need to be so careful with money
Submitted: 12 days ago.
Category: Employment Law
Expert:  Ben Jones replied 12 days ago.

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.

Expert:  Ben Jones replied 12 days ago.

Had anything happened in the workplace, prior to your line manager dismissing you? With regards to the bullying, had you raised a formal grievance?

Customer: replied 12 days ago.
I was fired and escorted from the office. No notice or warning and HR were not present
Customer: replied 12 days ago.
I have reported this person for bullying on several occassions
Customer: replied 12 days ago.
I spoke to the MD and HR about his bullying
Expert:  Ben Jones replied 12 days ago.

OK thank you, and had you raised a formal grievance?

Customer: replied 12 days ago.
Yes with HR
Customer: replied 12 days ago.
And I asked for my Line Manager to be changed many times
Expert:  Ben Jones replied 12 days ago.

and have you since asked HR why you were escorted from the office; what official reason has been provided?

Customer: replied 12 days ago.
I tried contacting her yesterday but she was in meetings. The only thing I was told was that they no longer need an IT administrator and that was all
Expert:  Ben Jones replied 12 days ago.

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.

Expert:  Ben Jones replied 12 days ago.

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.

 

I appreciate this may not be the answer you were hoping for but I hope it at least clarifies your position?

Expert:  Ben Jones replied 11 days ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Expert:  Ben Jones replied 10 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you