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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 65035
Experience:  Qualified Solicitor
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I was termintated from my job last monday. I was given 6

Customer Question

I was termintated from my job last monday. I was given 6 weeks to produce some sales revenue but with Corona Virus it was impossible. Then I was terminated last monday with 2 months notice.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: with HR and my CEO
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have the letter of termination from my company but not the email telling me to produce the revenue in 6 weeks. They shut down access to my emails straight after the conversation with the CEO
Submitted: 18 days ago.
Category: Law
Expert:  Ben Jones replied 18 days ago.

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 18 days ago.
Hello Ben,
Expert:  Ben Jones replied 18 days ago.

What is your specific question in relation to this please?

Customer: replied 18 days ago.
Can I challenge this termination as I was given a target which was not possible to deliver within 6 weeks due to Coronavirus.
Expert:  Ben Jones replied 18 days ago.

How long had you worked there for?

Customer: replied 18 days ago.
From March 2019
Expert:  Ben Jones replied 18 days ago.

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.

 

Expert:  Ben Jones replied 18 days ago.

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). 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.

 

It therefore makes no difference whether the targets were realisation or not as that all comes under the fairness of their decision, which you cannot challenge.

 

I appreciate this may not be the answer you were hoping for but I hope it at least clarifies your position?

Expert:  Ben Jones replied 16 days ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Expert:  Ben Jones replied 15 days ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you

Customer: replied 3 days ago.
Hello Ben, yes it was fine. Thank you benedicte
Expert:  Ben Jones replied 3 days ago.

All the best