UK Employment Law

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I want to talk with an employment lawyer regarding to an…

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Hi I want to talk with an employment lawyer regarding to an unfair dismissal.

Lawyer's Assistant: Have you documented this or discussed it with HR?

No

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Unfair dismissal

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Answered in 54 minutes by:
12/20/2017
frantzgregory
Category: UK Employment Law
Satisfied Customers: 912
Experience: Principal at Gregory & Co Lawyers
Verified

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Customer reply replied 8 months ago
Hi,
I had an issue with a customer at work on Monday, she assaulted me and invade my personal space and taking pictures of me without my permission.
In self defense I grabbed her phone and asked her to stop.
The store I worked in took of my store approval because of that incident.
Is there any advise that I can provide to explain for my employer.
Many thanks.
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,227
Experience: Qualified Employment Solicitor
Verified

Hi there I see you have decided not to work with the original expert so I will assist you instead. Can you please let me know how long you have worked there for?

Ask Your Own UK Employment Law Question
Customer reply replied 8 months ago
Hi there because he did not answer me back.
Thanks for your respond.
I've been working in my company for 2 years and now I am under suspend with fully pay until 3rd Jan 2018 to have a meeting with the HR manager. I need some advise about my legal right and how can I defense myself in that meeting.
Many thanks

When exactly did you start working there please?

Ask Your Own UK Employment Law Question
Customer reply replied 8 months ago
I started working there since June 2016

ok why are you asking about unfair dismissal if you have not been dismissed yet?

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Customer reply replied 8 months ago
I am working for Christian Dior company inside of Boots store, I've been dismissal from Boots store and cant work there anymore, and I've been suspended from my main employers which is christian dior company to do their investigation, I need your advise about my legal right and how I can bring those rights in my meeting with the HR manager and my employers.
Many thanks

OK, thanks. The main issue is that your rights are very limited actually. This is even if you had done nothing wrong and the customer was the one whose actions resulted in this happening.

First of all Boots have the right to remove you from their store even if you are completely innocent. You just work on their premises, you have no legal right to be there if they don’t want you there so if they wanted to stop you from working in their stores, they can do so, even if you were 100% innocent. It is the same as someone telling you that you cannot come to their house, even if you have not done anything wrong.

In relation to your rights with your employer, then the main issue there is your length of service. 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 a reason which makes a dismissal automatically unfair. These include:

· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

· Taking, or trying to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave

· Being a part-time worker

However, if the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That could happen if you were not paid your contractual notice period (unless you were dismissed for gross misconduct) or the employer had not followed a contractually binding dismissal procedure. 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 legally you cannot challenge either decision - Boots can stop you from working at their stores without you being able to do anything about it and your employer can dismiss you because you have less than 2 years service and again you cannot challenge it. Remember that it does not matter how you found yourself in this situation and even if you were provoked by a customer - that does not change your legal rights.

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 actual legal position. 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 I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,227
Experience: Qualified Employment Solicitor
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