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Hello, my name is Ben and it is my pleasure to assist you with your question today. Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.
I have worked there 8 months(aprox)
I have not yet received a reply is there a problem
Hi, do you mean can you do anything to prevent you being sacked or forced to resign?
If you mean whether you can prevent being dismissed or forced to resign, then unfortunately no, you cannot do that. The reason for this is quite simple and is mainly due to your length of service with this employer.
If you have been continuously employed at your place of work for less than 2 years then your employment rights will be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.
If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period. Unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.
If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.
In relation to the rights you have against the previous employer then any reference they provide needs to be accurate and ensure it is based on facts, rather than personal opinion. If they have provided false information to your new employer then you can potentially consider suing them for negligence and seek compensation for any losses incurred as a result of their negligent act. It would not however not prevent your dismissal from the current employer.
I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you
Hi Ben thank you for your answer. Would it therefore be better for me to resign than to be sacked? Thank you
often a resignation may look better than being fired although this is a decision that only you can take