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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 54407
Experience:  Qualified Solicitor
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Earlier this year my son applied for and was offered a job

Customer Question

Earlier this year my son applied for and was offered a job at the school where I work. He began work in May but it was discovered that the then bursar had forgotten to apply for my son's DBS check so he had to stop work until it was received. His DBS check came through during the summer holidays, as did his references which were excellent. During the summer my son and I attended a school event at which, in conversation with a governor he jokingly said 'I can only write when I'm stoned'. The governor repeated the remark to the safe recruitment governor who remarked to another member of staff 'we don't want that sort of person working here' and yesterday my son was told he cannot return to his job. Does he have a case against the school?
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did he have a contractual notice period and was that given to him when he was dismissed?
JACUSTOMER-xrwcomz7- :

No there was no notice period.

JACUSTOMER-xrwcomz7- :

He returned to work yesterday and was then told that because of the comment he made, the safe recruitment governor considered him a safeguarding risk and he had to go immediately

Ben Jones :

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.). 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 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. I would not say that his actions were gross misconduct so he should still be entitled to this notice period.

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.

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer: replied 4 years ago.

Unfortunately I was not satisfied with the answer as, looking through other employment questions, it was exactly the same as an answer given to a totally different question and I do not feel was any help and certainly not worth the fee of £39 which is why I have requested a refund

Expert:  Ben Jones replied 4 years ago.
hi, the law is the same regardless of whether this was also used in another answer or not - the issue here is his length of service, so you can have an entirely different situation where the important facts are the same and the exact same answer would apply. Please do not confuse the fact that your son does not have any rights, with the service you have received here