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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 75983
Experience:  Qualified Employment Solicitor
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I have a question? I been dismissed from work, Contractors,

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Hi
JA: Hi. How can I help?
Customer: I have a question?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: I been dismissed from work
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Contractors
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

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.

What do you specifically want to know about this? 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 16 days ago.
I been unfairly dismissed from work on last Friday
Customer: replied 16 days ago.
Can you answer my question please

You have not asked a question yet - would you like to ask one now so I can assist

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.

Customer: replied 16 days ago.
I been unfairly dismissed what can i do? where can i call? salk i call safeguarding? or citizens advice?

How long did you work there for and why do you think it was an unfair dismissal?

Customer: replied 16 days ago.
I worked there for 16 months and I'm sure it's unfair dismissal because it's not the work issue it was arguing between me and the deputy manager about private situation then the manager get involved then the manager called me not nice things include my religion and my face i got all in messages ,I reported the manager to the police
Customer: replied 16 days ago.
I have done nothing wrong at work and the reason for dismissed its not about work, also the manager sent me the dismissal email without investigating or without meeting or without any questions
Customer: replied 16 days ago.
When I asked the manager why you get involved between me and the deputy manager in our private situation the manager said because I love her
Customer: replied 16 days ago.
I hade a relationship with the deputy manager that's why we been arguing about our relationship not about work all what happened its far from work

Ok thanks. First of all, I am sorry to hear about this situation and any associated issues.

The main issue in the circumstances is the fact that you have only been continuously employed at your place of work for less than 2 years. That means that your employment rights will be somewhat limited. Most importantly, you will not have legal protection against unfair dismissal. This basically means that you can be dismissed for more or less any reason, if you have done nothing wrong and without a fair procedure being followed. The only exception is that the decision is not based on a reason which makes a dismissal automatically unfair.

As mentioned, there are some exceptions to this, in which case the 2-year rule does not apply. These include situations where the dismissal was wholly, or partly, due to:

- 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 due to not meeting the minimum service criteria for claiming in the Employment Tribunal. 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. That is where you were guilty of something very serious which justifies immediate dismissal, without any notice pay.

In any other circumstances, you would be due a minimum notice period, as per your contract, together with and associated pay. If you did not have a written contract in place, you would be entitled to the minimum statutory notice period of 1 week. You either have to be allowed to work that notice period and get paid as normal, or you can be paid in lieu of notice. That is when you are paid for the equivalent of the notice period but your employment is terminated immediately and you are not expected to work any further.

That is why this may not actually be an unfair dismissal and you may not have the right to take it any further.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 16 days ago.
Thank you
Customer: replied 16 days ago.
Can I try to claim unfairly dismissed, because I can approve that I done nothing wrong at work and it's not work issue?
Customer: replied 16 days ago.
Can I claim discrimination religion against the manager as she messaged me said about my religion and I should be shameful of my religion.

You cannot claim unfair dismissal if you are innocent and were still dismissed. As to religion, you have to be able to show that it was the reason for the dismissal. If it was a personal issue, not connected to your religion, then you cannot use that as grounds to challenge the dismissal.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. 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.

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