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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 64642
Experience:  Qualified Employment Solicitor
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I've been made redundent into one week of my 6 month

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Hi,
I've been made redundent into one week of my 6 month probation period with a new employer due to the Coronavirus! I left a stable company after 3 years of employment to join the new company after being headhunted by a recruitment company.
Is this classed as unfair dismissal?
Regards,
Phil

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.

Customer: replied 5 days ago.
Great, fire away Ben

Do you have a copy of your contract to hand? If so, please upload it on here?

Customer: replied 5 days ago.
How do I upload documents Ben?

You can upload on here using the paper clip symbol

Customer: replied 5 days ago.
I've just attached it to the last email but it says its a no-reply email address! did you get it Ben?

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. The main issue is that as 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:

{C}· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

{C}· 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 it is the legal position and I hope that it at least clarifies where you stand?

 

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