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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49865
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My husband has been working for a garage for 9 months employed

Customer Question

My husband has been working for a garage for 9 months employed as a class 4 mot tester with a view to getting class 7 mot .Had his appraisal in december when 6 month trial period was up told was doing really well but they would extend trial by 3 months to alliw him more time to learn class 7 mot he did not sign a new agreement.He has asked several times to be put in for test but has been told they dont think he is ready as he is being assessed by another mot tester and a few times when he has looked at tests my husband has done has not always agreed some times this is jyst personal opinion and not an actual mistake one time he did actually miss something but so have the other testers at times .He has also been standing in for manager every other saturday .Last week he was told by manager that he had not done work that should have been done on saturday however this work couldnotbedone as parts were not available and the other job was booked in for next week and he had been told by manager to only doworkk booked in for saturday.He has now received a letter saying they are looking todismiss him citing failure to obtain class 7 mot , missing items on mots and not doung jobs asked todo he feels this is unfair as he has not evenbeen put in for test foir class 7 and if he was he may well pass items missed he has explained and was told this was ok and jobs not done he has also explained .His meeting is on thursday is there any wayhe canargue this
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

If he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that his employer can dismiss him for more or less any reason, and without following a fair procedure, 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 he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.).

If the dismissal had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period, because unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. His employer would either have to allow him to work that notice period and pay him as normal, or they will have to pay him in lieu of notice.

If he was not paid his notice period when he was due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and he could make a claim in an employment tribunal to recover the pay for the notice period that he should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.

So if the employer is intent on dismissing him, unfortunately that cannot be challenged. He can of course argue the issues he raised and which you mentioned but it would not prevent a dismissal if the employer has already decided it will be going that way.

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?