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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 62629
Experience:  Qualified Solicitor
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My husband worked for a company for 15 months being a van

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Hi there, my husband worked for a company for 15 months being a van driver full time, there was an incident unknown to my husband in which the company received a intention to procecute letter, by Essex police stating that the vehicle had been driven without due care and intention, this supposed incident happened on the 21st of October, As result of this letter the company sacked my husband without hesitation, he had never been given a verbal or written warning the whole time he had worked there, and the dismissal letter given to him at the time was dated the 12th of November, just said that they have not been informed of the offence but something has happened and they no choice but to dismiss him, just want to know if this is legal, many thanks
Assistant: Has he talked to a lawyer about this? What country does he live in? If different, what country does this legal question relate to?
Customer: No, was thinking about going citizens advice, lives in the uk
Assistant: What steps have been taken so far?
Customer: none
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: no

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.

Customer: replied 17 days ago.
Ok

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:

· 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, 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.

 

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?

 

Customer: replied 17 days ago.
Ok thank you for clearing this up, as wasn’t sure, many thanks

All the best

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