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Is this breach of contract

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  • #16
    For under 2 years service, you can only allege breach of contract for your employer not following the disciplinary process if this process was a contractual term. If their disciplinary process was part of their staff handbook and/or a non-contractual policy you cannot claim a breach of contract.

    For under 2 years service you can only claim unfair dismissal if you were dismissed for any of the following reasons:-

    1. You asked to be released for jury service
    2. You are pregnant or has recently given birth
    3. You were intending to take action to enforce a statutory right, such as the right to be paid the National Minimum Wages.
    4. The law does not allow an employer to discriminate against an employee on the grounds of any protected characteristic, such as race, gender, religion, disability so if they did dismiss on these grounds then that would automatically be unfair.

    From what you have said in your posts your dismissal does not all into one of these categories.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

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    • #17
      Hi any final advice. Should I go to tribunal. My time is nearly up. Thanks

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      • #18
        I have provided all the information I can in regard to my opinion on a breach of contract claim and the possibility of an unlawful deduction of wages. The decision as to whether or not to go to the Tribunal is one that you will need to make based on this and any other research you have carried out.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

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