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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50150
Experience:  Qualified Solicitor
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I have been working Uk 13 months,

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I have been working for Unifiller Uk for approx 13 months, 3 months ago I was given a pay rise and in May given a large bonus. I have been on leave for 2 weeks and drove to our main office 200 miles away on my return to be told I was being "let go". I was given no notice, no consultation and no guarantee of pay in lieu. I had to hand back my company car, lap top and phone. I was told the reason was because cuts needed to be made and my sales in Ireland hadnt been enough. I was not employed as a salesman but as an engineer, but firms I went to see bought Unifiller equipment from me after consultation with them about their needs. I have bought in approx £200,000 sales in the last 13 months. I have not had any communication from the Head office in Canada and only have my managers word for this dismissal. I have been left with no transport, job or valid reason for my redundancy and have no money after the end of this month. Can you advise whether I have a case to demand a months pay and have the company followed proceedure for dismissal?
Richard Donaghy
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Did you have a contractual notice period on termination?
Customer: replied 2 years ago.

yes, 1 month

The main issue here is that if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately 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, 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 you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). 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, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period, in your case 1 month. In addition you would be entitled to claim any accrued holidays you have until the date of termination. 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. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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