11 months - Sacked no reason.

[robert_harper_2000]

Phoned ACAS and apparently no contract means you only get 1 weeks notice and they can sack you as you haven't worked there long enough to have any rights for unfair dismissal????

[robert_harper_2000]

sacked as performance wasn't upto scratch, and she finishes 31st october. If she had finished in November then unfair dismissal! How crazy is that and she would legally only be entitled to one weeks pay!!!

[Weird Al Yankovic]

Can still bring a claim for wrongful dismissal though.

 

There is a contract-it appears to just not be written down. A contract is always formed on accepting and beginning a job.

 

Therefore she needs to rely on the verbal terms which formed that contract. She should use this fact to her advantage.

 

Eg, was she told that she would have a months+ notice?

 

It comes down to her word against her employers.

[tiglet]

Also, what are the terms other employees are under? For example, if they are given/have to give a month's notice, then the employer is required to treat her in the same way. Otehrwaise it would be wrongful dismissal.

[robert_harper_2000]

I was told it isn't unfiar dismissal as she has only been there 11 months, it needs to be over 12months for there to be grounds

This comes from ACAS

[robert_harper_2000]

Never told the situation of if she was no longer needed

Eg, was she told that she would have a months+ notice?

 

only today told she need to leave by 31-10-07

[Weird Al Yankovic]

I was told it isn't unfiar dismissal as she has only been there 11 months, it needs to be over 12months for there to be grounds

This comes from ACAS

 

Unfair dismissal & wrongful dismissal are two different things.

 

Most people in this post's situation are deemed wrongfully dismissed-there is no statutory qualifying period unlike unfair dismissal which requires 12 months service (unless 'automatic unfair').

 

ACAS should have told you this.

[tiglet]

Exactly what I meant - sorry, was rushing to take my daughter to the doctors.

[robert_harper_2000]

Thanks all, my gf have forwarded the e-mail they just sent

Keep in mind the training she received was one hour in a cafe 11 1/2 months ago. She has also requested extra work time and time again. They also just recently employed some other girl - basically to replace her!

 

Further to the conference call earlier today between ourselves and Ian Wells at which we discussed your employment I confirm the reason for your dismissal

 

We consider that you are unsuitable for the position as employed given the concerns we hold regarding your performance. That is, we are of the opinion that your performance is not up to the standard required. Your performance was discussed with you on several occasions in recent months. However, we have not seen sufficient improvement during that time. Thus it is unfortunate that we have to confirm your dismissal. Your employment will terminate on 31st October 2007.

 

All outstanding monies owed and your P45 will be forwarded to you in due course.

[tiglet]

Has she had written warnings, final warnings etc? If not, it looks like she has a very good case for wrongful dismissal.

[robert_harper_2000]

I have been reading about Statutory procedures and it seems they shouldn't just phone up and sacked her.

 

She is suppose to go upto London once a week but was unwell yesterday so he phones her up and says your performance as discussed isn't upto standard and we will be terminating your employment. No notice of grievance or right to appeal.

 

The performance issue as discussed is basically when she goes upto London once a week they would pull her into a meeting (no notice) and just moan. But everytime it turned out it was something her new boss didn't do. example she received a written warning for not doing her time sheets. But she wasn't told how important it was - there is no contract to tell her to do it. She had done it and just hadn't sent it. They actually said they were sorry about this and would remove the written warning but never did anything about it.

[tiglet]

The person who knows most about this sort of thing is Ell-enn - I would suggest PMing her and asking her to look at your posts.

[robert_harper_2000]

Has she had written warnings, final warnings etc?

 

Nothing, no warnings. They said they had a meeting yesterday, but that is just the day my gf does her one day at work as opposed to the working from home. He messengered her on Skype to say he wanted a chat, she replied asking if she was in trouble- he said he couldn't possibly talk through Skype and would need to chat through a conference call with the other director. He then sacked her.

[robert_harper_2000]

Thanks, I've pm Ell-enn. ACAS just said there is nothing you can do as she wasn't there 12 months! 'Thanks ACAS'

[robert_harper_2000]

Sorry think I may have got confused. She didn't get warnings but she has received notice as such as her employment is ending 31-10-7

 

The most common breach is where the employee is dismissed without notice or the notice given is too short. Obviously either party can end the employment relationship if they give the necessary notice. This will either be the legal minimum or what is stated in the employee's contract.

[robert_harper_2000]

However although there is no contract and...

...

Another example of wrongful dismissal is a failure by the employer to follow a contractual disciplinary procedure.

[tiglet]

Precisley - Ell-enn will give you great advice on the route your GF should go down to get this rectified.

[robert_harper_2000]

Excellent thanks Tiglet, I'll keep you all updated with progress

[tiglet]

Good luck!

[Weird Al Yankovic]

However although there is no contract and...

...

Another example of wrongful dismissal is a failure by the employer to follow a contractual disciplinary procedure.

 

Robert, there was a contract in place. It was just verbal but a contract nonetheless.

[tiglet]

Absolutely agree. Interesting, isn't it, that she hasn't had anything in writing (or so it appears) throughout her contract?

[robert_harper_2000]

hmm... so does it seem she could perhaps do something about her boss?

[robert_harper_2000]

So the verbal contract that wasn't stated is what? is there a sort of standard how things should go handbook?

[Weird Al Yankovic]

Absolutely agree. Interesting, isn't it, that she hasn't had anything in writing (or so it appears) throughout her contract?

 

 

It is tiglet.

 

However, employers think they can be clever by not giving a contract, to exploit employees no doubt, but it can also backfire too.

[tiglet]

Let's hope it does in this case.