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What are my rights if i have been asked to resign in an off

Customer Question
the record meeting by my...
What are my rights if i have been asked to resign in an off the record meeting by my manager with HR present in the room ?
Submitted: 1 year ago.Category: UK Employment Law
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Answered in 16 minutes by:
10/28/2016
Solicitor: Ben Jones, UK Lawyer replied 1 year ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 48,514
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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Solicitor: Ben Jones, UK Lawyer replied 1 year ago

How long have you worked there for?

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Customer reply replied 1 year ago
will be 2 years in December
Customer reply replied 1 year ago
It will be 2 years in December
Solicitor: Ben Jones, UK Lawyer replied 1 year ago

The issue is that if 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 or constructive dismissall. This means that your employer can dismiss you or force you to leave 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.

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

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Solicitor: Ben Jones, UK Lawyer replied 1 year ago

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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Solicitor: Ben Jones, UK Lawyer replied 1 year ago
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