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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68159
Experience:  Qualified Solicitor
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I had a contract of employment with a 12 week probationary

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I had a contract of employment with a 12 week probationary period. I was never given this contract or signed anything although asked for sight of said contract on several occasions. I received no written or verbal warnings but my employment was cut short on 31st December at 14.30 when an office manager, I believe, turned up at the house at which I was carrying out my duties and said " This is your last day fella ", Although my salary was paid to my account I never saw a wage slip. It would now appear that after my departure a new person or persons have been employed from a rival Company from which this manager and one other had transfered from. Can you help.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I cannot find or be directed to HR at this company and have not spoken to ant other solicitor
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I was employed
JA: Anything else you want the Lawyer to know before I connect you?
Customer: As i am as we speak unemployed am i eligable for legal aid?

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 5 months ago.
Ok

So how long had you actually worked there for and what reason did your employer provide for terminating your contract?

Customer: replied 5 months ago.
I would rather continue on line
Customer: replied 5 months ago.
I believe i was on or about 12 weeks and the rough answer was that my speed of work was not to their standards

OK no problem and 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. 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?

Customer: replied 5 months ago.
How do you suggest I go about requesting a copy of my contract in order to qualify what I am owed ?

Yes, certainly, you have the right to see that – you can tell them you are asking fir a copy of it under data protection laws as it is your personal data and you have the legal right to see it. Does this clarify things a bit more for you?

Customer: replied 5 months ago.
Thanks

All the best

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