Quick Employment Law Question

LegalSec

I understand that you cannot make a claim at an employment tribunal unless you have been working at the employers for 2 years (unless you are sacked for being pregnant etc). Does this mean that employers can dismiss employees for the first 2 years without going through the disciplinary procedures set out in an employment contract without any liability? Thanks.

hcb42

They should go through the procedure and pay the contractual or minimum required notice (as long as not dismissed for Gross Misconduct) plus OS holiday pay/wages etc.

Whether it is worth pursuing or concentrating on finding another job of course is another matter. Especially if the outcome would have been the same, and the notice amounts to 1-2 week's pay.

Undervalued

If there is a contractual entitlement to a laid down disciplinary process (which would be unusual) and the employer fails to follow it then, in theory at least, that could give rise to a claim for wrongful dismissal for which there is no qualifying period.

However, the maximum likely award would be a few days pay equating to the length of time it would have taken to do it properly. Obviously, unless the dismissal was for gross misconduct, there would be an entitlement to notice or pay in lieu.

As a "legalsec" I'm surprised you don't know this or at least have easy access to qualified advice.

Yorkie1

Undervalued wrote: »

As a "legalsec" I'm surprised you don't know this or at least have easy access to qualified advice.

You might want to look back through some of the history of the OP with their employers ...