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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 59601
Experience:  Qualified Solicitor
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My son has had his contract terminated as 3 of his

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My son has had his contract terminated as 3 of his references have not arrived. 2 of which he was not aware of and one of which he was chasing.
JA: Where is your son? It matters because laws vary by location.
Customer: he was given no wArning that 2 were outstanding and no final timeline to deliver.
JA: What steps has your son taken so far?
Customer: this was an HR decision. This seems unreasonable and I think he should have been advised verbally of the 2 which were completely outstanding and given a timeline before termination was carried out.
JA: Anything else you want the lawyer to know before I connect you?
Customer: He is based in Manchester, He has emailed the HR BP with updAtes today on his references,

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

What do you specifically want to know about this, please?

Customer: replied 4 days ago.
How best to request that the termination be cancelled on the basis that it was unreasonable decision at this stage and my son was not made fully aware of the outstanding information.

When did he start working there?

Customer: replied 4 days ago.
June2019
Customer: replied 4 days ago.
can you assist me in drafting a suiteBle wording and advise on any key points to Oxus on?
Customer: replied 4 days ago.
Sorry I meant to say focus
Customer: replied 4 days ago.
Hello Am I still connected?

Yes still here, I cannot draft anything as we are just a Q&A service, but his rights are very limited legally, I can explain why if needed?

Customer: replied 4 days ago.
please

If he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that an employer can dismiss him 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:

{C}· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

{C}· Taking, or trying to take, leave for family reasons including pregnancy, paternity leave, parental leave, adoption leave or leave for dependants

However, if the dismissal had nothing to do with any of the above exceptions, he would not be able to challenge it. In that case his only protection would be if he was dismissed in breach of contract. That would usually happen if he was not paid any contractual notice period due to him (unless he was dismissed for gross misconduct, where no notice would be due). If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow him to work that notice period and pay him as normal, or they instead have to pay him in lieu of notice, where he is paid for the equivalent of the notice pay but his employment is terminated immediately.

So it makes no difference that it was not his fault that there was an issue with the references – legally they were able to dismiss for this without him being able to challenge it. He can still appeal but legally he cannot do anything if it is rejected.

Does this answer your query?

Customer: replied 4 days ago.
thankyou

All the best

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