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ReadyLaw
ReadyLaw, Laywer
Category: Employment Law
Satisfied Customers: 5038
Experience:  Bar Professional Training Course
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I started my Job on 17 May. On 13 July my Employment

Customer Question

I started my Job on 17 May. On 13 July my Employment Contract was terminated unexpectedly. There was no HR Representative present at the Meeting when my Employment Contract was terminated and no Minutes were taken or provided. The Company advertised my Job on 29 July yet my Appeal Hearing is on 4 August. Where do I stand in terms of Unfair Dismissal?
JA: Was this retaliation? Or based on age, race, religion, gender, or disability?
Customer: Non-performance but I had only been working at the Company for 7 weeks which included 1 week of Training and 1 week attending an Exhibition. My Probationary Period was 6 months and my Review Meeting was scheduled to take place on 17 August being 3 months.
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: Business Development Manager Role. Circa. 50 Employees.
JA: Where are you located? Workplace termination laws vary by location.
Customer: Hemel Hempstead, UK
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: 12 days ago.
Category: Employment Law
Expert:  ReadyLaw replied 12 days ago.
Hi welcome to justanswer
Expert:  ReadyLaw replied 12 days ago.
I amCustomerone of the legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation.
Expert:  ReadyLaw replied 12 days ago.
I may not respond immediately, this is because I may need some time to read what you shared above, type and respond to you.
Expert:  ReadyLaw replied 12 days ago.
If there is anything else you need, please let me know before I respond?
Customer: replied 12 days ago.
No. I just need some advice/help as to where I stand in terms of Unfair Dismissal before my Appeal Hearing on Thursday 4 August and whether I should have a Trade Union Representative present with me.
Customer: replied 12 days ago.
I have had several Jobs during my 26 years Career History and I have never had my Employment Contract terminated after only 7 weeks!
Expert:  ReadyLaw replied 12 days ago.

Thanks for your patience and enquiry. I do understand your concerns with respect to the procedure which was adopted in you being let go. HoweveR in order to claim unfair dismissal, one of the requirement is for you to have worked with you’re player for a minimum of 2 years.

Expert:  ReadyLaw replied 12 days ago.

The difficulty I envision you having in relation to your claim is the fact that you would not have worked there long enough in order to claim unfair dismissal. The basis therefore for your claim, would be therefore flawed. You would have to ground your claim in another reason. For example, if you are alleging your employers have breached your contract of employment.

Expert:  ReadyLaw replied 12 days ago.

Can I clarify anything for you? I hope 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 12 days ago.
No problem and thank you for replying to my enquiry. Bearing in mind my Employment Contract was terminated after only 7 weeks where do I stand? Is there anything I can do?
Customer: replied 12 days ago.
I believe my Employer had someone to replace me before terminating my Employment Contract and is just going through the motions in relation to advertising the Job.
Customer: replied 12 days ago.
Where do I stand in relation to no HR Representative being present at the Meeting when my Employment Contract was terminated which was called a 'Progress Meeting' not a 'Review Meeting' which was scheduled to take place on 17 August? Plus no Meeting Minutes were taken.
Customer: replied 12 days ago.
Could you please advise/comment on my last message. Thank you.
Customer: replied 12 days ago.
Hello...
Expert:  ReadyLaw replied 11 days ago.
My apologies for the delay, I did not realise you had asked further questions. Unfortunately there is no legal requirement for this meeting to have a particular name. In addition, during a probationary period an employer can release you without cause. As such, I really would not want to misinform you, I however see no legal basis to challenge the dismissal.
Expert:  ReadyLaw replied 11 days ago.
The only challenge would be if for example they would have breached the contract of employment. Dismissing you within 7 weeks without more would not amount to a breach of contract