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INC Law
INC Law, Solicitor-Advocate
Category: Law
Satisfied Customers: 14556
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I worked in a company as branch Manager since October 2019

Customer Question

I worked in a company as branch Manager since October 2019 and on 14th March 2020 my manager showed up at work and said these very words to me :- I am going to have to let you go because of the uncertainty created by the coronavirus. He didn't give me any letter but only said he has to give me one week's notice which he said I don't have to work it he asked for the keys and I got my staff and left the store. Now prior to this time he was very happy with me and my work and even reiterated my good yet again when I was been laid off. When I started in November I wasn't given any contract to sign and anything but was told my probation was 6months and that at my probation review I will be given a contract. A few months down the line I asked my line manager again and this time he said to m not to worry about it he himself did not have a contract but get his wages every month so I shouldn't worry I will be fine. Now I am the only bread winner of my family with 3 children and my wife on long term sickness after having 3 operations on her sine L4, L5 which has left her with serious mobility and incontinence issues. Now with me laid off because of COVID-19 it has placed me under a lot of stress and worry as I don't know how we can cope.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: No I haven't as it's a family run business going since 1888 but there isn't really much of a HR. I want given any letter or guidance of what will happen or what will be and till date I have not received any letter. I sent my line manager who is the reginal manager/ Director of the company asking for a letter from HR to no avail. No Government has made several provision and support for the business yet there is no support for me. I believe I have been treated unfairly and want to know if there is any action I can take against them for at least some compensation Pls?
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee and no I don't belong to a union as there is non in my line of work (as a Store Manager) or at the company to join.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I just concerned about the whole employment thing without contract and now how they have treated me unfairly in this time of uncertainty. I feel they jumped the gun but now all their concerns at bay with the Government's intervention. Moreover all the interventions was to ensure there were no casualties like me. I know I have not been there for 2 years but the way and manner they went about their recruitment and now laying me off and siting Coronavirus as the reason is just unfair and so I will please like support to bring a case against them or to negotiate compensation.
Submitted: 5 days ago.
Category: Law
Expert:  INC Law replied 5 days ago.

Hi,

Thank you for your query.

Have you filed a formal complaint with your employer?

Customer: replied 5 days ago.
No I haven’t that’s the help I need to bring a case against them. The thing is it’s been that I had not been there for long as it takes 2years of employment to be able to bring a case of unfair dismissal against them. So wanted to know with my 5months service and get using CorinaVirus as the reason, I wanted advice on how to Handel it right
Expert:  INC Law replied 5 days ago.

Hi,

I am afraid that I do not believe you have much of a case. If business has decreased as a result of the Coronavirus, it is expected that redundancies will be made.

The government is urging employers to offer unpaid leave to employees but they cannot compel them to do so.

Therefore, if the company wishes to terminate your employment, I am afraid they will be entitled to do so.

I am sorry if this was not the answer you were expecting.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 4 days ago.
But how them about the fact that I was employed for that duration without a contact?
Expert:  INC Law replied 4 days ago.

Hi,

The statutory terms would apply. You would normally receive 1 weeks notice for every 12 months that you have worked.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

many thanks,