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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 75142
Experience:  Qualified Employment Solicitor
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I'd like to ask if I have a case for unfair dismissal

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I'd like to ask if I have a case for unfair dismissal

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.

Customer: replied 18 days ago.
I was forced to resign from the NHS as I was refused to wearing a mask at work.

Please provide some more details of your circumstances. Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 18 days ago.
It was last March, I worked in A&E when the Covid patients start to come in. I wanted to wear a mask at all times at work, but was told to remove the mask as soon as I come out of the patient's cubicle. I know if I don't wear a mask I would get Covid, I have requested to wear a mask all the time to manager, but it was declined. I then resigned explaining the reason to my manager, he showed understanding, but I got no compensation for not being able to work.
Customer: replied 18 days ago.
Because of the gap now, I'm not entitled to full maternity pay, which is 11 weeks of salary
Customer: replied 18 days ago.
The gap was 2 months. Later on I found out my manager and quite a few of my former colleagues have got covid, some quite severe.
Customer: replied 18 days ago.
I believe I have rights to protect my health and safety at work. And not to be out of work because of health and safety concerns from
Customer: replied 18 days ago.
The employer

Thank you very much for clarifying. So when you say it was last March do you mean 2021? Is that when your employment officially terminated? Also how long did you work there for?

Customer: replied 18 days ago.
I started to work for the NHS from Oct 2018, started in this hospital from Nov 2019, which terminated March 2020.
Customer: replied 18 days ago.
That was at the beginning of pandemic, we were not allowed to wear mask to protect ourselves
Customer: replied 18 days ago.
I'm currently working in the NHS for another hospital. This specific termination was an employment under St George's NHS foundation Trust.

Thank you very much for clarifying. So when you resigned, did you then continue working for the same trust elsewhere and if so, was there a break between the two employments, if so how long? I am just trying to work out if your continuous service was broken?

Hello, I was wondering if you have had a chance to consider my query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Hello, I trust that everything has now been resolved to your satisfaction and your original question has been dealt with. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Customer: replied 17 days ago.
Hi Ben
Customer: replied 17 days ago.
After I resigned, I changed trust but worked with another NHS Trust, with 2 months gap.
Customer: replied 17 days ago.
But my maternity pay was affected because after the 2 months gap, I contracted for another 2 months before the current job, so it's not counted as continuous employment
Customer: replied 17 days ago.
Sorry for the delay in response, I needed to feed baby, hope we can still finish the enquiry

Thank you very much for clarifying. The problem with all of this is that the only way to challenge it would have been through an unfair dismissal claim. However, there is a 3-month time limit to make such a claim and as your employment officially terminated in March 2020, you are clearly out of time to be pursuing that now. I appreciate you may not have felt the after-effects until now, but that does not change the legal time limits within which a claim must have been made. So as unfortunate as it is, you are legally out of time to be making a legal challenge for what happened and the alleged unfair dismissal.

Customer: replied 17 days ago.
I didn't realise this belongs to unfair dismissal until recently. Because I thought if I fight for unfair dismissal I would want to go back to work, but on that condition I couldn't, unless they change the mask rules. Hypothetically, what would have been the result if I could have won the case?

I appreciate that but realising too late that you could have potentially claimed or what type of claim it is would not give you rights to claim out of time.

If you had claimed for unfair dismissal then you would have been compensated for loss of earnings, resulting from such a dismissal. You could have also asked for a reinstatement order, asking your employer to re-engage you

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 17 days ago.
Thank you Ben. It's good learning for me to know this still.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best