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james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 2341
Experience:  Owner at James Bruce Solicitors
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I was off from work today. I had been with the firm of

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I was laid off from work today. I had been with the firm of solicitors for 2 months. I was not given a contract to sign. I was not given a job description. I was not told what was expected of me and I had no training. Their excuse was that I was not up to the job. I asked them to give me an example and they could not. I said to them that the typing was done - no errors and went out in a timely manner. they said that they thought id would know more, I said to them I was not given the chance. I was told that there was so much work and I needed to get on with the digital dictation. I am angry and hurt as I think i have been treated unfairly as my boss was making silly mistakes. Where do I stand on this please. Thank you
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: I spoke to the partner and he couldnt look me in the eye. He had made his mind up and that was that
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: An employee. No I dont belong to a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My hours were 9-5 and i was in the office at 8am nearly every morninng working through to have 1/2 hour lunch. just trying to help the firm with the backlog of work

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Very sorry to hear of the way that you have been treated.

Unfortunately an employer does not have to supply either a written contract or job description to an employee. They MUST however supply a Written statement of particulars to the employee that sets out the main areas of employment , this must by law be given within the first 8n weeks. So if they have just terminated you employment, there would be no need for them to give you a copy of this.

As you have less that two years service, then is no way to complain of unfair dismissal. Sorry.

Customer: replied 7 days ago.
Hello James thank you for this. I have just looked at the date I started with the firm and it was the 3 August 2020 which works out to ten weeks and during that tine did not receive a written statement. I have had nothing. Where would I stand now. Thank you

It would still not count as unfair dismissal. You could complain to an employment tribunal but normally that would be for them to make the employer serve the document.

Did they give you any notice?

Customer: replied 7 days ago.
Hello James. No they didnt, they just said to me tonight that basically they were terminating my employment from today and would pay me next weeks salary and that was it.

Then in that case you should have a case against them for wrongful dismissal.

You would take two matters to the employment tribunal. The wrongful dismissal case and the failure to serve you with the statement of particulars.

You need to contact acas first thong on Monday to start the case against the former employer.

You must go via acas. www.acas.org.uk. There is no cost to use there acas service, they will start the ball rolling.

james bruce and 2 other Employment Law Specialists are ready to help you
Customer: replied 7 days ago.
Thank you so much for all your help and advice. Much appreciated. I will contact acas on Monday. Kind regards. Gill

Good luck and take care.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 7 days ago.
Thank you

Your very welcome

Customer: replied 3 days ago.
Hi I have contacted acas as suggested. I have drafted a letter to my ex employer. Do you think it unreasonable for me to ask for 2 months salary to cover trying to find another job. I don’t want to put it in writing and then look silly if it’s something I can’t do. Thank you. Gill

They failed to supply documents, and give you a notice period. Due to covid19, it may be more difficult to find other work at the moment. That is something a tribunal would consider. So yes, two months could be reasonable.

Customer: replied 3 days ago.
Thank you so much James. Kind regards ***** *****

Take care.

Customer: replied 3 days ago.
Hi James.?before I post this tomorrow would you mind having a look at it please to see if it is okay. Thank you. Gill

I am sorry but I would not be able to comment on the contents of personal documents.

If I were, I would advice that there is no ground to challenge for unfair dismissal, only wrongful dismissal. Also when you confirmed to Julia the "only thinking you could think of" perhaps that could be "only thing I could think of."

Customer: replied 3 days ago.
Okay thank you. Kind regards Gill

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.