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Unfair Dismissal


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I have a friend who works for a company who sells contracts for phones on behalf of a provider.

 

When they started working the company they were provided with training on how to sell the contracts. Following this training, my friend and the other members of his team were having problems selling the product and a manager had a chat with them about it. It transpired that the training they had initially been provided was not up to standard. The manager made a note of this and arranged for another manager to provide further training. They were shown another way of how to sell the product. My friends line manager was fully aware of how they were selling the product after this further training and raised no issues.

A couple of weeks ago the phone provider made a complaint that the way the company was selling the product (the way my friend was shown following his initial training) was incorrect and in fact in their opinion, unethical. They launched an investigation and are currently checking all calls where their product has been sold.

Several people from the company my friend works for have been sacked for selling the product in this way. My friend is concerned that he could also be sacked for this.

 

Firstly, can he be sacked for this particulary when his line manager was fully aware of the situation and raised no objections to this at the time?

Secondly, my friend has only worked for the company for about 5 months. If he was sacked could he make a claim for unfair dismissal?

 

Any advice would be greatly appreciated

 

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Firstly, can he be sacked for this particulary when his line manager was fully aware of the situation and raised no objections to this at the time?

Secondly, my friend has only worked for the company for about 5 months. If he was sacked could he make a claim for unfair dismissal?

 

If your friend only has 5 months service then unless they can link the dismissal to one of exemptions to the general rule that you need 12 months service to claim UD (e.g. discrim) then they would not be able to claim the UD.

 

As regards your first question I suppose the employer would argue this is a capability based dismissal and to be fair an employee should be offered decent training and a chance to improve for such a dismissal to be fair. But this is all academic as, unless one of the exemptions applies, without the requisite 12 months service, no UD claim can be brought anyway.

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Hello OP.

 

With particular regard to your friend then they will need to wait to see what does transpire obviously.

 

However, on what you have revealed thus far, your friend may have a potential claim for wrongful dismissal/breach of contract if we are to assume they will be sacked on the basis of simply following their employer's orders.

 

To have refused to sell in the way they were told could have been considered a disciplinary matter by the employer yet it appears it is also a disciplinary matter for actually obeying those same instructions!

 

Could you give some detail about those who have been sacked?

 

Such as how many, their respective lengths of service, official reason for dismissal etc.

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