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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 46794
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben I have received a text message from my boss at 7pm this

Customer Question

Hi Ben
I have received a text message from my boss at 7pm this evening (Friday 21 August 2015) that says 'Danny Please come to ASHVILLE school. Ring ***** ***** on *********** I am afraid I am giving you a weeks notice as I am running out of engineering work for you as dalton has been stopped as the houses arent selling. Sorry mate. Ring me if you want to. Mark.
I didn't see the message until 9pm when I rang my boss to discuss this. He did not answer his phone so I am now left without employment and without being able to discuss this with my employer.
I have been employed by them since 26 October 2014 and wonder what my rights are specifically about being dismissed via text message and the fact that they do not appear to be answering my calls.
I have an employment contract that I will review over the weekend.
I look forward to hearing from you.
Danny Kershaw
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Do you know what your contractual notice period is?

Customer: replied 1 year ago.
I am out at a friends house at the moment and will need to get my contract out to have a look at this. Can I contact you tomorrow?
Expert:  Ben Jones replied 1 year ago.

Thank you, ***** *****’t necessarily need to know it as I can advise without it anyway but it is worth checking to see what your entitlement would be as I will explain below.

The issue here is that if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately 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, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, 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, because 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.

If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Expert:  Ben Jones replied 1 year ago.

My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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