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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 59601
Experience:  Qualified Solicitor
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I was fired today from my work, and just wanted to check if

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Hi, I was fired today from my work, and just wanted to check if my employment was terminated legally. I got a notice, because of underperformance at work, however I was hoping that I will be given a chance to improve my performance
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: I discussed it today with HR Manager, but not with a lawyer
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee I do not belong to a union
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not really

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

When did you get the notice and also, how long had you worked there for?

Customer: replied 2 months ago.
I got the notice today (verbal notice)
Customer: replied 2 months ago.
I have worked for the company for 15 months
Customer: replied 2 months ago.
I was also offered today 2 months of gardening leave, i.e. I will get 2 month compensation

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. The main issue is that if you have been continuously employed at you 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 the 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/paternity leave, parental leave, adoption leave or leave for dependants

However, if the dismissal had nothing to do with any of the above exceptions, 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 would usually happen if you were not paid any contractual notice period due to you (unless you were dismissed for gross misconduct, where no notice would be due). If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow you to work that notice period and pay you as normal, or they instead have to pay you in lieu of notice, where you are paid for the equivalent of the notice pay but your employment is terminated immediately.

So the employer did not have to give you the chance to improve or follow a fair process and they proceed directly with the dismissal if needed.

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