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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70935
Experience:  Qualified Solicitor
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I need advice, I think I've been very fooled by the side of

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Hello, I need advice, I think I've been very fooled by the side of the factory that I worked for
JA: Where are you? It matters because laws vary by location.
Customer: Hawick
JA: What steps have you taken so far?
Customer: Today we had a live meeting where I can see clearly that they won't want to answer key questions
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I need advice, I don't know if there's a law that protects me as a worker

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.

Hi there. Please explain your situation in as much detail as possible, and please also tell me how long you have worked there for?

Customer: replied 15 days ago.
Hi there, I have been noticed from my Employee that im fired on 13th August, I find out almost 2 month after, also, there is alot crossing contract, they didnt treat me like human

I am sorry to hear this. How long had you worked there for and had you been furloughed?

Customer: replied 15 days ago.
Almost 10 month, I have been fully contract Employee, my sick line was open in that time, also they had all my contacts and nobody told me that till now, they took from my last payment alot of deducations wich is not in contract, they seems not care but thats really big company named EMTELLE ONE

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; 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, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

The main issue in the circumstances is the fact that you have only been continuously employed at you place of work for less than 2 years. That means that your employment rights will, unfortunately, be somewhat limited. Most importantly, you will not have legal protection against unfair dismissal. This basically 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. They can proceed with a dismissal even if you had done nothing wrong and also without following any specific fair procedure or proving that any of the allegations are true.

As mentioned, there are some exceptions to this, in which case the 2-year rule does not apply. These include situations where the dismissal was wholly, or partly, due to:

- 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

- Raising concerns about health and safety or other unlawful acts by the employer and being penalised as a result by being dismissed

However, if the dismissal had nothing to do with any of the above exceptions, you would not be able to challenge it due to not meeting the minimum service criteria for claiming in the Employment Tribunal. 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. That is where you were guilty of something very serious which justifies immediate dismissal, without any notice pay.

In any other circumstances, you would be due a minimum notice period, as per your contract and associated pay. 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 can decide to pay you in lieu of notice. That is when you are paid for the equivalent of the notice period but your employment is terminated immediately and you are not expected to work through your notice period.

I appreciate this may not be the answer you were hoping for but it is the legal position and all I can tell you is what the law says. I do hope that it at least explains where you stand and I will be happy to clarify anything for you in relation to it. For now, thank you for using our service.

I hope that your query has been answered to your satisfaction. I just wanted to take this opportunity to remind you that if you needed any further clarification with this query, you should not hesitate to contact me and I will be happy to help. For now, thank you for using our services.

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