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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50487
Experience:  Qualified Solicitor
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I am head chef of small hotel restaurant. Due to lack of

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I am head chef of small hotel restaurant. Due to lack of staffing (more than one occasion only 1 chef in the kitchen with no back up staff - not even a kitchen porter) and with the business of Christmas the kitchen cleaning was not 100%.
We had an inspection and the score on the door was reduced to 2 from 4 and we were advised what issues to address. These issues were address apart from the ceiling and this was explained why we could not be doing the ceiling. (accept by Health Inspection officer) The Hotel General Manager received a report in this regard from the HIO and was advised of a date of revisit. This was not conveyed to me but my the GM claims it was. Both the Sous Chef and I were in this meeting and neither of us recall us being told. The HIO came back and all aspects that had previously been flagged had been dealt with but the HIO was unimpressed that we had not been informed of her visit and did another check and found some other issues and was unhappy. The HIO officer reduced the stars permanently to 2 and I was called into a disciplinary meeting with a threat of official warning or dismissal.
Today I was fired for lack of management and given 1 weeks severance. I was employed under full contract and was monthly paid.
Can this company fire me like this with only 1 weeks pay and no notice for this reason with any official warnings in place.

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

How long have you worked there for?

Customer: replied 4 months ago.
contract commenced on the 15th May 2017
Customer: replied 4 months ago.
do I have a case or is it not worth the bother. I am currently unable to call

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 a reason which makes a dismissal automatically unfair. These include:
• Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)
• Taking, or trying to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave
• Making a protected disclosure (i.e. whistleblowing)
• Being a part-time worker

In the event that the reason for dismissal fell within any of these categories, the dismissal could be automatically unfair and there could also be a potential discrimination claim.

However, if the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That could happen if you were not paid your contractual notice period (unless you were dismissed for gross misconduct) or the employer had not followed a contractually binding dismissal procedure. 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.

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 actual legal position. 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 I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

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