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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 53125
Experience:  Qualified Solicitor
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I worked for my parents business for 10 year and on the 12th

Customer Question

I worked for my parents business for 10 year and on the 12th June I was asked to leave the premisis after pushing my mother out my way. The reason I pushed her is because for the past 5 years I opted to work part time 16 hours per week but have not worked the 16 hours. I worked 6 days per week and not had any time off with my children. I have been paid £650.00 per month and no overtime has been paid to me in that time. When I was in the office with my parents I expressed my dissatisfaction with the fact that I worked 17 days without a day off and asked when I would get one. They hushed me and this is why I pushed my mother (the director) and my father (the director) asked me to leave the premises immediately. 2 weeks later they advertised my position for £25,000 I was paid £7,900 approximately. I have since wrote a letter of grievance asking me to and the response was poor. I contact ACAS who have since ssiggested I seek legal advice
Assistant: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?
Customer: Well my parents the directors, but they point out that Ihave a company car and live in their home
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: ib no thank you
Submitted: 4 months ago.
Category: Law
Expert:  Ben Jones replied 4 months ago.

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

Customer: replied 4 months ago.
Hello Ben.
Expert:  Ben Jones replied 4 months ago.

Did you receive a contract at all?

Customer: replied 4 months ago.
10 years ago.
Customer: replied 4 months ago.
But that was for full time and a different salary. Since having my second child in 2013 I requested to go part time 16 hours but never worked only 16 hours.
Customer: replied 4 months ago.
but been paind for only 16 hours
Expert:  Ben Jones replied 4 months ago.

OK thank you for your response. Leave it with me for now and I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond 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 4 months ago.

Many thanks for your patience. If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them the employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.

According to the Employment Rights Act 1996 there are five separate reasons that an employer could rely on to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and that the outcome was one that a reasonable employer would have come to in the circumstances.

Whilst your actions could amount to misconduct, the employer still needs to conduct a fair disciplinary process, such as investigating the issues, holding a formal disciplinary heating and so on. If they simply paid you and asked you not to return to work, the dismissal is most likely going to be unfair, at least from a procedural point of view.

You can therefore consider a claim for unfair dismissal, which must be imitated within 3 months.

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

https://www.employmenttribunals.service.gov.uk/apply

Does this answer your query?

Expert:  Ben Jones replied 4 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 4 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks