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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
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i have worked for my company for just under a year as a security

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i have worked for my company for just under a year as a security supervisor. In that time i have not had any verbal or written warnings.So 2 saturdays ago whilst i was on my holiday i recieved a letter from work informing me i was been sent for disaplinary .I rang my md he wouldnt give me any information over the phone only what the letter had on it.Basically i had a copy of zoo and nuts {they are lads mags not pornography} in my tray in the office not in public view they were buried under my works paperwork and folder. In the letter there is a photo taken from someone with all the contents from my tray.If you walked past my tray you wouldnt of seen them, they had been brought out and put on display.So at my disaplinary hearing the md had his witness i had no one as couldnt get a witness he explained about the magazines that there had been cases where women had used those particular magazines to claim sexual harrasment in the workplace of which he stated he got that info from a legal source.I apolgised and explained that i was unaware that they would cause offence to anyone and it wouldnt happen again.He told me that he would make his decision and tell me in the mail.Now on the saturday after the friday hearing a guard i worked with has called to wish me well in future endevours as a fellow supervisor had been telling everyone i had been sacked! I had recieved no letter telling me that so i rang up to find out why anyone in the office should be telling everyone false info before i had any info wether i was suspended or sacked or anything .I was furious but kept my calm when i rang and reciently found out that said supervisor had told majority of my collegues that i was gone when i am still waiting to hear anything .The md said having those magazines was under gross misconduct! i have a statement from a fellow supervisor a female as the md said as it was a mix gender office space so my colleague stated that as a woman she was not offended by the magazines as if you had bought the sun or the daily star or one of those papers they have the same info and pictures in them and there out for everyone to see. So am looking to find out what i can do i dont want to lose my job can anyone help please

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Were you paid any notice period?

Customer:

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

Customer:

i have my last holiday pay going into the bank on thursday

Ben Jones :

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.

Customer:

i wouldnt recieve that as in the disaplinary letter said the possible outcome of the hearing would be instant dissmisal without notice

Ben Jones :

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

Customer:

will have to look into it thank u for your advice

Ben Jones :

You are most welcome, all the best

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