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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Were you paid any notice period?
no i am still waiting for a responce as i was on my holidays and was supposed to return last friday night but found out that they had given my shifts away
i have my last holiday pay going into the bank on thursday
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, 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.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim, however I see no evidence this was the case here.
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.
So the only thing you can do here is to argue that your actions did not amount to gross misconduct and that you should at least be entitled to receive your notice period. Unfortunately you cannot challenge the actual dismissal and if the employer refuses to change their mind over it, there would be little you can do to overturn that.
i wouldnt recieve that as in the disaplinary letter said the possible outcome of the hearing would be instant dissmisal without notice
I would not say this was gross misconduct unless there was a specific policy against this or you had been specifically made aware not to do this, they can still dismiss you but they should at least pay you notice
will have to look into it thank u for your advice
You are most welcome, all the best