How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask james bruce Your Own Question
james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 4459
Experience:  Owner at James Bruce Solicitors
90006247
Type Your Employment Law Question Here...
james bruce is online now

I am currently signed off work for sickness due to workplace

Customer Question

I am currently signed off work for sickness due to workplace bullying. I have just been sent an email to sacked I have been sacked for gross misconduct following a hearing that was held without my presence or knowledge. I resigned 5 months ago and was due to leave on 30th April anyway so I don't really understand.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: HR sent me the letter sacking me! They claimed I hadn't responded to emails but the first one I received was the one sacking me
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: No union. Employee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I informed HR six months ago about the bullying
Submitted: 12 days ago.
Category: Employment Law
Expert:  james bruce replied 12 days ago.

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.
Can I please ask you to give me some more detailed information regarding this matter so as to allow me to work with you and help resolve your enquiry.
How long have you been employed by the company.?

Customer: replied 12 days ago.
I started Jan 2020 and I resigned Dec 2020. I was told I could not leave until April 2020
Expert:  james bruce replied 12 days ago.

I assume that is meant to be April 2021?
What was the reason for such a long notice period? As you only started work there in January 2020

Customer: replied 12 days ago.
My contract stated that if I resigned then I could leave at the end of the following term 30 April 30 August 30?December. I have never worked for a private company before but when I objected I was told I was contractually tied
Expert:  james bruce replied 12 days ago.

Ok I understand.

Unfortunately, your length of service means you are unable to bring a case against the employer for unfair dismissal. You would need two years service to do so.

However, you may have a claim against the employer for “wrongful dismissal”.

Wrongful dismissal is where an employer breaches terms of the contract.

That would very much depend on the terms of your contract. Normally a contract would state the procedures for a disciplinary investigation and hearing. If your contract has such a clause and the employer has not followed that, then you could bring a case against them at the employment tribunal.

You would need to speak to ACAS about that, as all tribunal cases would start with them.

Expert:  james bruce replied 12 days ago.

Hello, I am just following up on your enquiry to see if I can assist further. Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. 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.

Expert:  james bruce replied 12 days ago.

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.