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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73814
Experience:  Qualified Solicitor
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I have been informed by text that i no longer have a job,

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I have been informed by text that i no longer have a job, boss put hol money equating to 30 days work in my bank and said my time is up , this because a lady i got a job there says now she cant work with me
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No h.r manager just boss, its cafe not contacted lawyer , i worked there 9yrs & even only had 1 full week hol in that time , no warning , never not done my job only missed 1 day wed coz of being upset about being told they not want work with me
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: 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: Is this service free

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.

Customer: replied 7 days ago.
Ok ben thanks x

What is your specific query in relation to this please, so that I can best advise?

Customer: replied 7 days ago.
Its lot money for calling ben , i am out of work & alone
Customer: replied 7 days ago.
I need help & info on unfair dismissal

The pop-up offering you the chance to request a phone call is automatically generated by the site and you have already paid for a written response so that is the part I will continue helping you with as soon as you can tell me what your specific query is in relation to this.

Customer: replied 7 days ago.
I was informed by text from boss it read hello lini , i think your time here is up, i have transfered 2,600 into your account

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.

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 appears that there is neither a fair reason not fair procedure here so it is very likely that you will be able to claim for unfair dismissal in the Employment Tribunal, which you must do within 3 months of dismissal.

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 7 days ago.
Thanks ben x

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

Ben Jones and other Law Specialists are ready to help you
Customer: replied 6 days ago.
Hi what cost will acas put on mediation to sort out of curt settlement & what would be normal settlement x

Hi there, the compensation you may expect from an unfair dismissal claim will depend entirely on how long you have been, or are likely to be out of a job.

You can use an online calculator to determine what a likely level of compensation may be and use that in your negotiations with the employer

https://www.stephensons.co.uk/site/individuals/employment_individuals/employment-compensation/

Customer: replied 6 days ago.
if i get a job which is lickly in next week , it wont b worth going ahead with any claim x
Customer: replied 6 days ago.
Sorry my text put licky instead of likely

it wil not be worth it as your losses will not be large enough to be making a claim for

Customer: replied 6 days ago.
Thanks , seems unfair that after 10yrs service this boss can just get rid of me no sickness ever taken or hols x

it is but in the end it is all about what losses you have incurred as a result of this and if these are only a week's lost wages for example, then whilst you can still claim for them, it is not worth going through the full claims process for it

Customer: replied 6 days ago.
Thanks for your help ben , i do appreciate how u have helped me , i am alone & had no idea who to ask x

You are most welcome and all the best