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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 5073
Experience:  10 Years of experience in Employment Law and HR
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Hi, I was let go by my employer after 9 months employment

Resolved Question:

Hi, I was 'let go' by my employer after 9 months employment on Monday 10th June 2013 for not keeping regular fridge / freezer temperature records. I am a chef and did keep irregular checks in writing.
I was told they needed someone they could trust to do the job...no disciplinary procedure was followed prior to this...no previous warnings ever given...had always recieved great comments about my work and the constant increase in profit levels since I joined their employ....so...am I entitled to holiday accrued from April 2013 (their year start date) to now and am I due any notice payment in lieu of notice period..please also note that I have never had a contract of employment even after asking for one many time knowing that I should be entitled to one after 2 months service...
I did however get offered a contract finally last Friday 7th June 2013 but declined to sign it as the holiday statement was illegal..
What advice can you give me....Jerry
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.
Hello and welcome to Just Answer, are you saying they are refusing to pay notice and holiday pay?
Customer: replied 1 year ago.


Hi Jenny, no I need to write them a to ensure they know what they legally must pay me as I was given no notice period.

Expert:  Jenny McKenzie replied 1 year ago.
Ok thank you legally you are entitled to be paid a weeks notice. This is a statutory right and you will be entitled to claim wrongful dimissal if it is not paid.

You are also entitled to be paid accrued annual leave for the period you are worked. The entitlement is for 28 days paid leave in a leave year. It runs from the start of employment and you will need to deduct any days of leave that you have had.

You cannot claim unfair dismissal with under two year's service even though a procedure was not followed by the employer. The only exception to this is if you think you were dismissed for a discrimnatory reason based on your sex, age, race, religion, disability or for raising a health and safety complaint.

You have not said that you believe this applies but if it does let me know and I will give you further advice on the point.

If you have any further questions please ask. If I have answered your question I would be grateful if you would give my answer a positive rating. Thank you and all the best.
Customer: replied 1 year ago.


I may add that on numerous occasions I have told my employer that the fridges & freezers digital displays do not work therefore not enabling me to take correct temperature controls or they did not supply enough basic fridge thermometres...however I did purchase my own food probes to help...does this class as health & safety issues....

Expert:  Jenny McKenzie replied 1 year ago.
what is the nature of the employer? Does it serve food to the public? Do you think you were dismissed for raising this complaint?
Customer: replied 1 year ago.


It is a soft play centre for children and I was the chef offering a great selection of food....


I will say that if they had supplied the correct equipment/tools to do the task of taking correct fridge & freezer temperatures after asking a few times then I would have been able to take regular temperature readings.


I have raised the issue a few times.....


 

Expert:  Jenny McKenzie replied 1 year ago.
Ok I would appeal against your dismissal saying that you think that you were dismissed for raising health and safety concerns which is automatically unfair dismissal.

You can then raise a claim in the employment tribunal on that basis. If the employment tribunal find that that is the real reason for dismissal then you will be entitled to a compensatory award in addition to notice and to annual leave. This would be based on economic loss to the date that you ought reasonably find alternative work.

If you have any further questions please ask. If I have answered your question I would be grateful if you would give a positive rating. Thank you and all the best.
Jenny McKenzie,
Satisfied Customers: 5073
Experience: 10 Years of experience in Employment Law and HR
Jenny McKenzie and 2 other UK Employment Law Specialists are ready to help you

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