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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 78248
Experience:  Qualified Employment Solicitor
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I was hired on a managing position and very next day I was

Customer Question

Hello, I was hired on a managing position and very next day I was fired because my store manager was saying I'm racist!
JA: When did this happen? Have you filed a complaint?
Customer: on Saturday, I don't filed any complain, the person who fired me was my area manager and he request my resign
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: Zaan Group ltd, Dominos Pizza Shop Walderslade
JA: Where are you located? Workplace termination laws vary by location.
Customer: Walderslade
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
Submitted: 16 days ago.
Category: Employment Law
Customer: replied 16 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 16 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 16 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.
Customer: replied 16 days ago.
Customer: replied 16 days ago.
what information do you need?
Expert:  Ben Jones replied 16 days ago.

I am sorry to learn you have been dismissed from your role after 1 day of employment. What did the store manager base this accusation on?

Customer: replied 16 days ago.
we talk about my previous job where I say was an Pakistani boy who wash his feet in the sink and I don't like it, next day I go to work according the rota but mu Area Manager was there saying my shop manager filed up an complain saying I'm racist and because our owner is from Pakistan I have to leave the job and he ask me to resign
Customer: replied 16 days ago.
I don't make any bad comments, and I don't insult anyone around me
Customer: replied 16 days ago.
okay, seems you can't provide any advice ... good day!
Expert:  Ben Jones replied 16 days ago.
Thank you. 

I should make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can.

Expert:  Ben Jones replied 16 days ago.

So just to clarify, you were dismissed because of a comment you made about a colleague at your former place of work; is this correct?

Customer: replied 16 days ago.
I don't make any racists comments, I just say I don't like that kind of behaviour!
Customer: replied 16 days ago.
Thank you Ben
Expert:  Ben Jones replied 16 days ago.

OK I understand, and so that I can best advise, what specifically would you like to ask about this please?

Customer: replied 16 days ago.
I know wasn't right what they done, what can I do, what legal action I can do
Expert:  Ben Jones replied 16 days ago.

I understand and the situation is certainly not ideal. What are you ideally hoping to achieve in the circumstances?

Customer: replied 16 days ago.
I wanna make things right for me, they make assumptions about me, they make me racist and they make me lose my job because of this
Expert:  Ben Jones replied 16 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day and the system will notify you when this happens.

I should also make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 16 days ago.
Thank you
Expert:  Ben Jones replied 16 days ago.

No problem. I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 16 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.

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.

Expert:  Ben Jones replied 16 days ago.

I fully appreciate that this may not be the answer you were hoping for, however it is the legal position. Should you need any further clarification, I will be more than happy to discuss things further with you. Thank you

Expert:  Ben Jones replied 16 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.