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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70199
Experience:  Qualified Employment Solicitor
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I have just left a job. I was there 8 weeks (on probation).

Customer Question

I have just left a job. I was there 8 weeks (on probation). I was a asked to leave because they had 2 complaints from staff about me swearing. The company did not provide details/evidence of this. They say d it was confidential. I still had to work 1 weeks notice. Surely I should have gone straight away. Was that right.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Manager
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee. Not sure about Union. I worked for a GP surgery
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I also had a couple left of melt downs where I became emotional. I have recently had 2 bereavements since March of parents
Submitted: 6 days ago.
Category: Employment Law
Expert:  Ben Jones replied 6 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 6 days ago.

What are you ideally hoping to achieve in the circumstances, please? Please note this is not always an instant service so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks

Customer: replied 6 days ago.
To know things were done correctly
Expert:  Ben Jones replied 6 days ago.

Many thanks for your patience. As far as the dismissal itself is concerned, 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:

· 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 pay you in lieu of notice, where you are paid for the equivalent of the notice pay but your employment is terminated immediately.

It is entirely up to the employer whether they would have wanted you to work your notice or not and it does not matter why you were dismissed – that decision is still theirs.

Does this answer your query?

Customer: replied 6 days ago.
it does, thank you for clarifying everything
Expert:  Ben Jones replied 6 days ago.

You are most welcome