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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49834
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was called into a meeting today to discuss my performance

Customer Question

I was called into a meeting today to discuss my performance and why I sometimes miss deadlines and I was told that I was no longer required and that I was going to be fired but please bear in mind I am the only person within the company that can do the role. There was no warning that this was the case and as far as I was concerned only my performance was going to be questioned. Please correct me if I am wrong but shouldn't they have told me 48 hours prior to the meeting is that they were intending to fire me therefore they have broken the law. Also I fought my case and they will let me know today whether they will fire me there and then with 1 months pay notice and if they require me to work anytime within that month they will expect me to again I think this is wrong because they would have terminated my contract and in effect are only paying my wages in lieu . Also they are intending to employee someone else to conduct my role with additional work but the majority of their role will be the same as mine again correct me if I am wrong but aren't they legally obliged to offer employees who currently work for the company to apply for the role before seeking external candidates thanks in advance for your feedback for your information I am a qualified accountant
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Please note I have my meeting today at noon therefore I need to know if legally I am obliged to attend by 9:00am and also whether I have good case to sue them for unfair dismissal
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Hi there. How long have you worked there for please?

Customer: replied 1 year ago.
It will be 2 years on 27th October
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you shortly. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

The issue for you 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.). I see no evidence of discrimination here though.

So it is entirely possible for them to dismiss for reasons that are untrue or no reason at all and they are not in any way obliged to follow a fair procedure such as giving you minimum notice or allowing you to defend yourself.

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. 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 have a month's notice period then even if they let you working, at the end of it you would still not have sufficient service to be able to challenge this.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.