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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
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I was dismissed from my job on the 17 august. i sent a letter

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I was dismissed from my job on the 17 august. i sent a letter of appeal on the 22nd. My employer said i will be paid one month notice in lieu of notice. I am wondering when i should get paid this plus holidays days i have not taken and the 2 weeks i worked in august. I feel the dismissal was unfair and unjustified and i will make a claim in the employment tribunal. I also have a claim for a work related acccident in december 2012. I was to have n operation on the 20th august and be off work for 2 to 4 weeks afterward. I work in Bath, United Kingdom. I was employed from the 13 August 2013.
Thank you for your advice

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Please confirm you started working there on 13 Aug 2013?

Customer:

Yes I did start the 13 August 2013

Ben Jones :

So this incident you talk about in 2012 - was that with a different employer?

Customer:

Oh no sorry, The date of accident was 4 december 2012. my employment started the 13 august 2012'

Customer:

Sorry for the confusion

Ben Jones :

When do you normally get paid?

Customer:

the last day of the month. salary is monthly

Ben Jones :

have you already made a claim for the personal injury?

Customer:

It is just in the starting process. I don't think the employer will have yet receive correspondence from my solicitor. I contated them on the 3rd of august 2013. Then i met with their representative to sign paper on the 13 th august, after this there was a cooling off period of 7 days while they would do nothing. my employer would have had knowledge of my doing as i mentioned it to a member of her family, but this would not have been official.

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. Hey have already agreed to pay you this and you should expect it in the next pay run.


 


The personal injury claim is completely separate to this so you could still pursue this in the county court if needed but it will not affect the dismissal claim.

Customer:

Ok i understand, So basically i have no way of getting back at them. Would it be in my interest to pursue a pre-claim conciliation with ACAS ?

Customer:

And is it normal procedure that i be paid on the last day of the month after being dismissed ?

Ben Jones :

you have no claim unfortunately so there is no point in involving ACAS and yes it is normal to be paid in the following pay run following the date of dismissal

Customer:

OK, Thank you for your advice. I wail till next week to see if my pay is coming in. If it was not, what should i do?

Ben Jones :

you can then consider a wrongful dismissal claim in the employment tribunal or small claims court

Customer:

ok, thank you. i shall contact you again depending on the development. Many thanks.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the service I have provided you with as that is an important part of our process. Thank you and all the best

Customer:

I like to leave a rating but it says "your expert has not finished answering..."

Customer:

Many thanks and goodbye

Ben Jones :

should be ok now, hank you

Ben Jones :

*thank

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