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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38666
Experience:  Expert in UK Employment Law
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Hi I have been dismissed from my role whilst completing

Resolved Question:

Hi

I have been dismissed from my role whilst completing my probationary period, I was given a letter the day before termination asking me to a meeting outlining also the reasons why.

Whilst in the meeting the following day I was asked to explain each point within the scope of the letter I gave examples and evidence of how I achieved all that was asked of me.

No hard evidence was presented to me in relation to the points discussed apart from a diary note from my line manager saying we discussed this in a one to one meeting, no objectives where ever set me and problems only started to occur when my line manager was temporarily promoted to acting senior manager. Whilst my original line manager was of absent with illness, I feel that I have been dismissed on the grounds off my face not fitting and my temporary line manager having his own ideas. Because I have challenged him on several occasions on his conduct towards me he seems to have took a dislike to me even though I have had feedback from other stakeholders in the business that I am an excellent manager, a breath of fresh air and finally someone who is resolving long standing issues.

In addition there is also re structuring taking place within the organisation which I feel I was an easy option to release and save money. I have 22 years experience in what I do with excellent references and recommendations.

I am currently going to appeal the desicion, if my appeal fails is he any reason I could not take the matter through a legal route not for money but to restore my reputation.

Regards

Lee wade
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.


I am afraid you will not be able to pursue this any further if your appeal fails. If you have been continuously employed at your place of work for less than 2 years then your employment rights will be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).


 


If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period. Unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.


 


You cannot just make a claim to 'restore your reputation'. All you could have done here is go down the unfair dismissal route but that is unfortunately not available to you due to the reasons outlined above.

Customer: Hi Ben
Customer: Thanks for the advice have you any tips for me in the appeal, do you have a dismissal template I could use as they have given me 5 days to put in writing
Ben Jones :

There is no such thing as an appeals template unfortunately as each appeal will depend entirely on the individual circumstances that led to the dismissal. There is nothing you can do to legally challenge the dismissal so your appeal points should mainly concentrate on the matters you do not agree with that led to the dismissal

Customer: Hi Ben
Customer: i disagree with all 3 points discussed in the meeting i attended with my employer and gave supporting evidence to disprove, should i within my appeals letter put in that on all three points I disagree and give examples of supporting evidence or should I save the evidence until the appeal
Ben Jones :

that is exactly what you need to do when appealing - state why you do not agree with the decision and provide reasons or evidence to support your case

Customer: Hi Ben
Customer: thanks for your help You have been most helpful, if I win my appeal and they revoke the decision due to me being unable to work for the company any longer due to the tension and probable atmosphere. Is there any redress I can take then
Ben Jones :

Do you mean if you win but they decide to let the dismissal stand?

Customer: If I win and they offer me to return to my post, but I feel that I would not feel comfortable due to the probable animosities and tensions due to the circumstances would there be any redress I could take
Ben Jones :

No, unfortunately not, the issue is still your length of service, which is not sufficient to take this matter any further

Customer: Thanks Ben
Customer: at least I have the opportunity to put my point of view across to another party.
Ben Jones, Solicitor
Satisfied Customers: 38666
Experience: Expert in UK Employment Law
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