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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61714
Experience:  Qualified Solicitor
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Yesterday i was failed from my job and they give me a

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Hello,yesterday i was failed from my job and they give me a notice,and normally the company must to pay me two months more?Thank you
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Yes i spoke yesteday with manager and he decided to failure me because i did a small mistake with forklift and gave me the notice
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I was to yesterday an employer
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No ,i just want to know how i must to get the payment

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked there for and why are you due two months extra pay?

Customer: replied 10 days ago.
Hello,i am working there from 05.02.2018
Customer: replied 10 days ago.
They failed me without notice ,they gave a notification of dismissal,i am not working know and its difficult to find a work in winter time

OK thanks and why did they fire you? What reason did they provide?

Customer: replied 10 days ago.
For gross misconduct

What was the gross misconduct?

Customer: replied 10 days ago.
That wasn't,i didn't broke nothink,this just was a reason for failure me because relationships from manager and was not very good.

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.

Customer: replied 10 days ago.
Thank you

Many thanks for your patience. First of all in terms of the dismissal, 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 main question is whether this was gross misconduct or not and from what you say it probably was not, so you should have been paid your contractual notice period. If they failed to do so you van make a claim for wrongful dismissal in the Employment Tribunal by contacting ACAS first.

 

Does this answer your query?

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

Customer: replied 9 days ago.
Hello,yes i understood and thank you for all,i have a written contract and how i understood they should pay me during notice period but if they will not pay can i contact you againt or what i have to do?Thank you

Hi, you would need to contact AC AS - To initiate the procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300 123 1100.

 

Customer: replied 9 days ago.
Good,thank you very much for help,have a good!

All the best

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