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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 75995
Experience:  Qualified Employment Solicitor
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I like to tell you that my husband job he started working at

Customer Question

Hi I like to tell you that my husband job he started working at Amazon on 29 off sept and they let him go on the 16 November the reasons was that they can’t understand him
JA: Was this retaliation? Or based on age, race, religion, gender, or disability?
Customer: I think so they just said that they can’t understand him they didn’t give him any notice
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: Amazon DN2
JA: Where are you located? Workplace termination laws vary by location.
Customer: Gateshead
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: ok thank you
Submitted: 17 days ago.
Category: Employment Law
Expert:  Ben Jones replied 17 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 17 days ago.

Was he employed on a self employed basis?

Customer: replied 17 days ago.
He was employed
Customer: replied 17 days ago.
Hi are you the
Expert:  Ben Jones replied 17 days ago.

OK I understand and thank you for providing this information. Please leave it with me and I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 17 days ago.
Ok thank you
Expert:  Ben Jones replied 17 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. 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 he has only been continuously employed at his place of work for less than 2 years. That means that his employment rights will be somewhat limited. Most importantly, he will not have legal protection against unfair dismissal. This basically means that he can be dismissed for more or less any reason, if he has 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 paternity leave, parental leave, adoption leave or leave for dependants

If they say they could not understand him then I presume that is because he is foreign and his English is not that good? If that is the case, there could be a potential race discrimination issue here because this has happened due to his nationality. Of course, there are jobs where good English is an important requirement and can even be a safety hazard if it is not. Similarly, if he had a customer-facing job and customers could not understand him then that will also be a possible reason not to keep him in that specific job as it can affect the business.

However, if there was no customer-facing element, no safety risks because of it and it was just an inconvenience for the employer, that may not be enough to justify a dismissal.

If he was to take it further then he may be looking at a claim for automatically unfair dismissal and/or race discrimination.

Before a claim can be made against the employer in the Employment Tribunal, the affected employee would be required to participate in a process known as ‘early conciliation’, which is administered through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the employee and their employer to agree on an out-of-court settlement in order to avoid the need for legal action in the Employment Tribunal. The employer does not have to engage in these discussions and the process is voluntary for them. If they refuse to participate, or the conciliation is unsuccessful, the employee will be issued with a certificate by ACAS allowing them to make a claim.

However, if a settlement is reached, the employee would officially agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be included as part of the settlement, such as an agreed reference.

In order to initiate the early conciliation procedure, ACAS must be contacted, either online by filling in the following form (https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute), or by phone on 0300(###) ###-#### They will explain the process and what happens next and get the ball rolling on your behalf.

If the early conciliation process was not successful, ACAS have issued a certificate to confirm that and you still wanted to make a formal claim in the Employment Tribunal, the claim can be initiated via the following link:

https://www.employmenttribunals.service.gov.uk/apply

Expert:  Ben Jones replied 17 days ago.

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.

Expert:  Ben Jones replied 17 days ago.

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.