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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 76053
Experience:  Qualified Solicitor
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I wonder if you could help me with the following problem. I

Customer Question

Good day I wonder if you could help me with the following problem. I and my wife worked for a company recently. The company being ***** ***** Breweries. We were due to be transferred to a different pub still within the group. The company collected all our belongings and moved them to the new location. We had to do a final stocktake before moving. We then traveled to the new pub but we had just arrived when I received a phone call from ***** ***** informing us that due to the unsatisfying results of the stocktake we were asked to resign he indicated that the company would pay out our leave pay and bond which todate has still not been paid. Resignation date being 26/10/21. I must point out that I had employed a Barman at the previous pub who I suspected was stealing and I reported my suspecions to the area manager. I understand that the Barman in question has since been arrested. Therefore i feel that we have been unfairly treated. Could you please advise us on what our options are. My email address is [email protected] and phone number is *****
JA: Where are you? It matters because laws vary by location.
Customer: I am currently in Crystal palace
JA: What steps have you taken so far?
Customer: I have not taken any steps other than to contact Mr Smith with regards ***** ***** outstanding money's
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have a recording of a phone conversation that my wife had with Mr Smith where he indicated that he could not understand why we had not been paid yet
Submitted: 20 days ago.
Category: Law
Expert:  Ben Jones replied 20 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 20 days ago.

How long had you both been  employed by the brewery for?

Expert:  Ben Jones replied 20 days ago.

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

Expert:  Ben Jones replied 19 days ago.

Hello, I was wondering if you have had a chance to consider my query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Expert:  Ben Jones replied 19 days ago.

Without the requested information, I can only provide you with general information, which hopefully will still be useful to you. First of all, I am sorry to hear about this situation and any associated issues

Your rights will largely depend on how long you had worked there for:

Less than 2 years employment

The main issue in the circumstances is the fact that you have only been continuously employed at your place of work for less than 2 years. That means that your employment rights will be somewhat limited. Most importantly, you will not have legal protection against unfair dismissal. This basically means that you can be dismissed for more or less any reason, if you have done nothing wrong and without a fair procedure being followed. The only exception is that the decision is not based on a reason which makes a dismissal automatically unfair.

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

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, together with 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. You either have to be allowed to work that notice period and get paid as normal, or you can be paid 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 any further.

More than 2 years employment

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.

That is where you can argue unfair dismissal as no formal procedure appears to have been followed here.

Finally, when it comes to any payments due, these should still be paid out, even if you have been dismissed so if they have not there is always the option of a claim in the Employment Tribunal to recover them.

Expert:  Ben Jones replied 19 days ago.

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.

Expert:  Ben Jones replied 19 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.