Employment Rights

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H-S | 14:39 Tue 02nd Jun 2009 | Jobs
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If you have been employed for less than a year, what are you rights regarding notice and dismissal etc? I understand they are different if you have been there a year or longer.

Also what if a contract was never issued, how does this affect the situation?


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Try this site it should help in some small way.
I understand you have a right to notice as per the terms of your contract (and there are minimum statutory notice requirements that will apply if you have no contract) but the employer can dismiss you for almost any reason if you have less than a year's service- you aren't able to claim unfair dismissal except in very limited circumstances such as sexual or racial discrimination.

Buildersmate is the AB expert in these matters
The minimum statutory notice period with less than 2 years service is one week.
Factor has covered off anything else I could have added.
Question Author
I was put on suspension for one week on full pay because I asked for an itemised copy of my company mobile phone bill because mine came to �25 for 4 hours use and 3 other employees used theirs for over 6 hours and all came under �13, I wanted to check the phone company wasn't ripping us off. My boss said I was disrespecting him by asking and I was put on 1 weeks suspension. The week is up and I have received a letter saying I am dismissed for gross mis conduct for the phone coversation and not reaching sales targets. However there are only 2 of us in this branch and I've been on my own for the past 5 months so obviously figures will be down. I've also not been able to put my side across since hte original phone conversation.

I would be so grateful for as much info as possible

It certainly seems harsh and may look unfair but, given what has already been said , in law the employer can dismiss you and it seems that in this case you have no grounds for claiming unfair dismissal if you have less than a yesr's service.
Are you in a union- they may figh this. Or you could try to raise a grievance but I doubt this would succeed.
Would you want to continue working for a manager/ firm that treat people like this?
Good luck

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