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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70838
Experience:  Qualified Solicitor
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Is this private, Preston lancashire England, None, Not

Customer Question

Hi
JA: Hi. How can I help?
Customer: Is this private
JA: Where is this? It matters because laws vary by location.
Customer: Hi Preston lancashire England
JA: What steps have been taken so far?
Customer: None
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not really. Other than its to do with employment
Submitted: 10 days ago.
Category: Law
Expert:  Ben Jones replied 10 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 10 days ago.

Please provide some more details of your circumstances.

Customer: replied 10 days ago.
Ok
Customer: replied 10 days ago.
I'm confused you pay 5 pounds then you pay 44 pounds is that right
Customer: replied 10 days ago.
Hi
Expert:  Ben Jones replied 10 days ago.

The extra is for a phone call but please ignore that as I am not available for one at present so just continue in writing please

Customer: replied 10 days ago.
Ok. Got sacked on Monday which I believe was unjust and pre meditated
Expert:  Ben Jones replied 10 days ago.

How long have you worked there for?

Customer: replied 10 days ago.
5 years
Expert:  Ben Jones replied 10 days ago.

Ok thanks and why do you believe it was an unfair dismissal?

Customer: replied 10 days ago.
I done anything wrong they had given me a final warning about 6 weeks before each didn't warent a final warning. Then they just decided to sack me because they felt it was time for a change
Customer: replied 10 days ago.
I had no warning nobody in there with me and it was brutel with no empathy shown. Not had a day off in five years regular worked over my hours had no help. Then the new guy coming in gets an assistant stright away and I was never allowed one. They just wanted me out
Expert:  Ben Jones replied 10 days ago.

ok so you had a final warning 6 weeks ag but what triggered the sacking/?

Customer: replied 10 days ago.
Thd company was moving to a new development and he said it was time for a change and the new guy was already in place three weeks earlier yet they let me carry on on my own preparing everything. It was a set up and they had it all sorted for the moment we moved
Expert:  Ben Jones replied 10 days ago.

So the only reason was they 'need a change'?

Customer: replied 10 days ago.
Thats the one since the warning i asked him if I done anything wrong and he said no
Expert:  Ben Jones replied 10 days ago.

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

If an employee has been continuously employed with their employer for at least 2 years they will be legally protected against unfair dismissal. This means that to fairly dismiss them the employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.

According to the Employment Rights Act 1996 there are five separate reasons that an employer could rely on to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR).

Therefore, the first step is to establish which of these reasons is going to be used to justify the dismissal. Not only that, but they must also justify that it was appropriate and reasonable to use it in the circumstances.

Finally, they need to ensure that a fair dismissal procedure was followed and that the outcome was one that a reasonable employer would have come to in the circumstances. Each of the potentially fair reasons will have its own requirements in terms of the procedure that needs to be followed in order to make it fair.

It does not look like any of this happened and on that basis you can consider a potential unfair dismissal clam in the Employment Tribunal.

Before a claim can be made against the employer in the Employment Tribunal, the affected employee would be required to participate in a process known as ‘early conciliation’, which is administered through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the employee and their employer to agree on an out-of-court settlement in order to avoid the need for legal action in the Employment Tribunal. The employer does not have to engage in these discussions and the process is voluntary for them. If they refuse to participate, or the conciliation is unsuccessful, the employee will be issued with a certificate by ACAS allowing them to make a claim.

However, if a settlement is reached, the employee would officially agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be included as part of the settlement, such as an agreed reference.

In order to initiate the early conciliation procedure, ACAS must be contacted, either online by filling in the following form (https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute), or by phone on 0300(###) ###-#### They will explain the process and what happens next and get the ball rolling on your behalf.

If the early conciliation process was not successful, ACAS have issued a certificate to confirm that and you still wanted to make a formal claim in the Employment Tribunal, the claim can be initiated via the following link:

https://www.employmenttribunals.service.gov.uk/apply

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 10 days ago.
Brilliant thank you
Expert:  Ben Jones replied 10 days ago.

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best