UK Employment Law

UK Employment Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Employment Law
This answer was rated:

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

Hi I want to...

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

Show More
Show Less
Ask Your Own UK Employment Law Question
Answered in 54 minutes by:
12/20/2017
frantzgregory
Category: UK Employment Law
Satisfied Customers: 733
Experience: Principal at Gregory & Co Lawyers
Verified

What is your question?

Ask Your Own UK Employment Law Question
Customer reply replied 2 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: 49,482
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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 2 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 2 months ago
I started working there since June 2016

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

Ask Your Own UK Employment Law Question
Customer reply replied 2 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: 49,482
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Verified
Ben Jones and 87 other UK Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,482
49,482 Satisfied Customers
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

Ben Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

49,482 satisfied customers

Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

Jenny McKenzie

Jenny McKenzie

1,919 satisfied customers

10 Years of experience in Employment Law and HR

UKSolicitorJA

UKSolicitorJA

Solicitor

390 satisfied customers

solicitor

John Knox

John Knox

Solicitor

72 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

35 satisfied customers

LLB (Hons)

Buachaill

Buachaill

Barrister

23 satisfied customers

17 years experience

INC

INC

Solicitor-Advocate

22 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

< Previous | Next >

Related UK Employment Law Questions
Ben, Still in negotiations with my employer/previous
Hi Ben,Still in negotiations with my employer/previous employer unfortunately!We have overcome the gross misconduct hurdle which in any event my employer was using as a "get out of jail free card" so … read more
Ben Jones
Ben Jones
UK Lawyer
49,482 satisfied customers
I am very unhappy with the service provided by my UK lawyer.
Hello, I am very unhappy with the service provided by my UK lawyer. To be clear, she made false promises to me (which encouraged me to hire her in the first place), would not follow my instructions, n… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,684 satisfied customers
If I didn't make it through a 6-month probation, do
If I didn't make it through a 6-month probation, do restrictive covenants in my contract still apply? It says that I can't work for competitors or suppliers, which would stop me working completely as … read more
Ben Jones
Ben Jones
UK Lawyer
49,482 satisfied customers
I'm going through the employment tribunal procedure against
I'm going through the employment tribunal procedure against former employer for constructive dismissal, but I think they've changed Company name to avoid payout. Is that possibles?… read more
Ben Jones
Ben Jones
UK Lawyer
49,482 satisfied customers
I am currently in dispute with my employer as he has made me
Hi, I am currently in dispute with my employer as he has made me redundant whilst on maternity leave and replaced me by putting his daughter's hours (who was already part time) to full time. It has al… read more
Ben Jones
Ben Jones
UK Lawyer
49,482 satisfied customers
I'm been investigated at work for overtime claimed, I'm
I'm been investigated at work for overtime claimed, I'm currently on the sick after a miscarriage … read more
Ben Jones
Ben Jones
UK Lawyer
49,482 satisfied customers
I've just found out that my best friend is being interviewed
Hi. I've just found out that my best friend is being interviewed for my job tomorrow. I have not resigned but am still in my probationary period. No indication that I have not been meeting expectation… read more
Ben Jones
Ben Jones
UK Lawyer
49,482 satisfied customers
My daughter has received a final written warning letter
my daughter has received a final written warning letter following on from a Disciplinary Process which is unsigned. I notice your response to an unsigned letter being sent notifying of a date of a hea… read more
Ben Jones
Ben Jones
UK Lawyer
49,482 satisfied customers
This was quick. I've been working for a company called
Hi, this was quick. I've been working for a company called Adecco and they send me 4days per 6 hours to work in receptions Amplifon is the name and I still need to get the money from them. The dates a… read more
Ben Jones
Ben Jones
UK Lawyer
49,482 satisfied customers
My constructive dismissal meeting was held, the attending
Hi, my constructive dismissal meeting was held, the attending person was a director of the company but the note taker was a supplier for the company. Should a third party, who is a supplier be taking … read more
Ben Jones
Ben Jones
UK Lawyer
49,482 satisfied customers
I have been suspended on full pay from Bupa. I have worked
I have been suspended on full pay from Bupa. I have worked for them for just over a year. It has always been a hostile environment for me, although i assumed it would improve as they got to know me. H… read more
Ben Jones
Ben Jones
UK Lawyer
49,482 satisfied customers
Ben, Following our earlier conversation about me not
Hi Ben, Following our earlier conversation about me not revealing information about my appointment and treatment by my doctor to my companies' nurse. I have received the following comments in a letter… read more
Ben Jones
Ben Jones
UK Lawyer
49,482 satisfied customers
I have signed a contract for 24months to a keep fit gym. Is
I have signed a contract for 24months to a keep fit gym. Is there a 'cooling off' time. This was 5 days ago.… read more
Jamie-Law
Jamie-Law
5,583 satisfied customers
I am an ex-BR safeguarded Rail travel employee of 26 years.
I am an ex-BR safeguarded Rail travel employee of 26 years. I have had a career break outside of the UK for 2.3 years returning to the same emplo*****, *****e building etc. so my UK service is continu… read more
Ben Jones
Ben Jones
UK Lawyer
49,482 satisfied customers
I am currently in a consultation period for redundancy. I
Hello, I am currently in a consultation period for redundancy. I have just found about it today. Although they mentioned that they their intention is to keep me, I am quite sceptical given the circums… read more
Ben Jones
Ben Jones
UK Lawyer
49,482 satisfied customers
My question is regarding my company car. I gave 1 month's
Hello, my question is regarding my company car. I gave 1 month's notice on Wednesday so in theory my last working day would be the 28th February but my boss told me this morning that today will be my … read more
Ben Jones
Ben Jones
UK Lawyer
49,482 satisfied customers
Just been dismissed on I'll health grounds my ex employer is
Just been dismissed on I'll health grounds my ex employer is paying me 12 weeks pay is this correct after almost 32 years? … read more
Ben Jones
Ben Jones
UK Lawyer
49,482 satisfied customers
I used to work for a large company (Arup) and 4 months after
For Ben Jones, Hi, I used to work for a large company (Arup) and 4 months after I left they are demanding back £1100 which they say was overpayment for holiday allowance. I understand the law says the… read more
Ben Jones
Ben Jones
UK Lawyer
49,482 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x