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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61648
Experience:  Qualified Solicitor
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I HAD A DISPUTE WITH MY MANAGER AND I WAS ADVISED by the head of business to take time out until he investigated the matter
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: i returned to a meeting and have had my employment terminated , no voice he says the manager is refusing to work with me
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: i was up until yesterday , i was not in the union
JA: Anything else you want the lawyer to know before I connect you?
Customer: what else would i need to give him /

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

So were you formally suspended whilst the investigation was carried out? Also, what reason did they provide for dismissing you and how long have you worked there for?

Customer: replied 2 months ago.
Nno i wasnt suspended i asked this he said it was terminated as from now i was pn the Dr for a week and trying to arrange a return to work he called me on for a meeting then said the manager couldnt work with me any longer and as head of business he has had no other option than to terminate my employment i have worked for 18 months
Customer: replied 2 months ago.
I havent got the funds for a call sorry

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 here 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.

I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?

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 simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

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