Tiny Lex and unfair dismissal

[Mr lex]

Hi All in the employment forum,

My 19 year old daughter has just been fired from her part-time waitressing job in a local café/restaurant. She has been working there for just under a year, full time until she started her collage course and part time since September. It happened when she was dealing with a customers money at a new computerized till that only she thought she knew how to use. In the mean time two new customers arrived and sat down awaiting service. Neither of the other waitresses attended to their table.

After a short period, the new customers got up to leave, as they past my daughter she asked if everything was alright. They replied that they had been waiting for service for some time ( I have no idea how long ). Tiny Lex asked if she could take their order there and then, they replied that they had waited long enough and were leaving. As they were leaving, they spoke to the owner, who promptly blew up on my daughter in front of the whole café/shop. She was shaking/banging on the counter, shouting at the top of her voice for all to hear, finishing with 'Just go home, Tiny'

My concerns are these :-

1. There were two other waitresses on duty, why is this just my daughter's fault when she was helping other customers?

2. As a part timer, is she , at least entitled to the spoken, then written warning ?

3. Why do this in front of the whole shop, at least, if there is any fault, why not do this in private ?

All and any input gratefully received.

Lex

[maroondevo52]

Hi, Mr Lex.

What your daughters employer has done, is not only unfair dismissal but also wrongful dismissal. The fact she is a part-time employee has no bearing on the matter, she still has the same rights as a full-time employee.
Can you confirm, your daughter had a contract of employment and that when her employer asked her to leave they terminated her contract ?
If so, did she receive payment in lieu of notice.

Regards.

Scott.

[Mr lex]

Hi Scott,

I am afraid she has never signed a contract of employment and was only paid the hours she worked in her last week.

I am up for pursuing this on her behalf as I feel this was a very belittling experience for her in fount of the other staff and customers.

Lex

[maroondevo52]

Hi, Lex.

You state your daughter never signed any contract of employment, however was she issued one by her employer ?

[cal37]

A contract is deemed binding from the day you accept the job, you do not need to sign one.



As from 1st October 2004 the Employment Act 2002 (Dispute Resolution) Regulations 2004 implemented rules concerning disciplinary and grievance procedures.
The 2002 Act brought in statutory dismissal and disciplinary procedures and grievance procedures.

The problem to be set out in writing with full details provided to the other party;

Both parties to meet to discuss the problem; and

An appeal to be arranged if requested".

This is all the employer needs to follow, if they did not follow theses the dismissal is automatically unfair.

How long has she worked there (precisely), was she given notice ands what grounds did they dismiss her?

The employer should not have shouted at her in public, in fact he should not shout at all, they is a right of dignity in the workplace and with that she has the right not to feel threatened ,harassed or intimidated.

Because of these actions the time limits regarding one years service in my opinion do not apply, tell her to put as letter of appeal in writing ASAP, putting out the facts above.

[hanzo]

Originally Posted by Mr lex

She has been working there for just under a year,

Unfortunately, without a year's qualifying service, then you can't claim for unfair dismissal. She could still claim for wrongful dismissal, but the remedy would be payment in lieu of notice, which would be one week's pay.