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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 77750
Experience:  Qualified Employment Solicitor
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I urgently need some legal advise on a letter I have

Customer Question

I urgently need some legal advise on a letter I have prepared, (am preparing) 'without prejudice' for my ex-employer whom I believe unfairly terminated my contract 6/5/22. Probably face to face, but I cannot get through on the land line system
JA: Was this retaliation? Or based on age, race, religion, gender, or disability?
Customer: retaiiation??. I think I have been taken through a constructive dismissal process
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: private. PLC.200 plus employees
JA: Where are you located? Workplace termination laws vary by location.
Customer: I live in manchester, M41 0YP. My works address was OL9 0DD
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 do not think so
Submitted: 6 days ago.
Category: Employment Law
Expert:  Ben Jones replied 6 days ago.
Hello, I’m Ben, an employment solicitor, and it’s my pleasure to assist you. I may ask for some information first to determine the legal position.
Expert:  Ben Jones replied 6 days ago.

I understand your query relates to unfair dismissal. Please provide some more details of the circumstances that led to the termination of your employment. Thanks

Customer: replied 6 days ago.
CEO berated me verbally with profanity, several times. I sought help from the HR director about raising a grievance. I had my contract formally terminated later the same day by the HR Director and confirmed in writing the following day. I have only worked PAYE for this employer since 09/08/21. The letter I am trying to prepare is my best effort. Advised to take some legal advice on it before sending in to HR Directors deadline, 13/5/2022
Expert:  Ben Jones replied 6 days ago.

OK so what are you ideally hoping for, given the circumstances please? and please also upload the letter you have prepared on here

Expert:  Ben Jones replied 6 days ago.

Hello, I was wondering if you have had a chance to consider my initial 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.

Expert:  Ben Jones replied 5 days ago.

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.

Expert:  Ben Jones replied 5 days ago.

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.

So you can only base a claim on the exceptions or a breach of contract as explained above and that is what you should base any without prejudice letter on if you are trying to reach a settlement.

Expert:  Ben Jones replied 5 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 5 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.