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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 2472
Experience:  Freelance Solicitor at Self Employed
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My employer terminated my contract verbally on last Friday

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Good morning. My employer terminated my contract verbally on last Friday following a meeting where I was accused of several actions that are not true. Also told me that I was in probation period and my probation period ended one week before. There was no investigation and nothing was given to me in writing. Is this legal?
JA: Have you discussed the accusation with a manager or HR? Or with a lawyer?
Customer: No. The manager is on annual leave and the lady that had a meeting with me told me in my face she didn't believe me, meaning that she was not being impartial.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: No I don't belong to an union and I had a, zero hours contract as care worker. So I am an employee.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The accusations are thatcI have been rude to customers and colleagues, I was not wearing my uniform and latelly changed dressings on a customer. All this is a bunch of lies. Besides, on Thursday I had checked my rota for this week in thexapp on my mobile phone abd there was no assignment for this week meaning that before my hearing they had already decided to terminate the contract. The contract states I must receive a note by writing in case of such a decision with one week notice under probation period

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

I will go through your question and will get back to you with my answer shortly.

Meanwhile, please ignore any phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

Hi there,

Could you please confirm how long you have worked for your current employer?

Customer: replied 7 days ago.
13 weeks. I have started on the first of February and the probation period is 12 weeks.

Thank you for your reply.

An employee with under 2 years of Employment has limited protection against unfair dismissal, which means the Employer can dismiss them literally without reason or procedure. However, the employers still need to follow proper procedure and give reasonable notice to the employees as provided the employment contract or in absence of it the statutory notice.

Me

Employees under 2 years of service have limited number of employment rights , it means employers can dismiss as they do not have protection against unfair dismissal.

Employees have right against unfair dismissal if dismissal is

  • an ‘automatically unfair’ reason

  • discrimination

It’s always ‘automatically unfair’ if you’re dismissed because you:

  • are pregnant or on maternity leave

  • have asked for your legal rights at work, eg to be paid minimum wage

  • took action about a health and safety issue

  • work in a shop or a betting shop and refused to work on a Sunday

  • are a trade union member and took part in trade union activities including official industrial action or you were acting as an employee representative

  • have reported your employer for wrongdoing, which is called whistleblowing

It might be discrimination if you think you were dismissed because you’re:

  • pregnant or on maternity leave

  • from a particular race, ethnicity or country

  • married or in a civil partnership

  • a man or a woman

  • disabled

  • lesbian, gay, bisexual

  • transgender

  • have a particular religion or set of beliefs

  • older or younger than the people you work with

So, unless and until your dismissal falls under the above given scenarios, thus would unfair and discriminatory, you have claim against the employer.

However, you still have right to statuary notice or contractual notice period pay.

Customer: replied 7 days ago.
Thanks

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.

Customer: replied 7 days ago.
Thank you very much

You are welcome. Have a nice day & stay safe.

Vineet S and other Law Specialists are ready to help you