partner laid off for no good reason

[recompense41]

Hi,

 

My partner, after a short period of unemployment following redundancy, found a new position in October 2009. The job was advertised as permanent, but at the interview he was told it was 'temp to perm'. He accepted the job and all was going well until a week before Christmas when his direct boss called him into the office on Friday, twenty minutes before he was due to go home, to say he was being laid off with immediate effect. He was given a week's pay in lieu of notice. When asking the reason, as he'd be reassured the week before that everything was fine, my partner was told that they'd advertised for the wrong person and really needed an IT director and not an IT manager. The boss seems to have dismissed him on a whim; it appears he just gets bored with people. The previous person was told to p**s off too (My partner's boss actually told him those exact words)

My question is, is this unfair dismissal? Does my partner have any rights, particularly as he'd only been employed there for less than three months, and was still on a temporary contract? Surely they have to have a good reason to lay you off? It wasn't as if the work was running out, or he'd not been performing properly. There was no misconduct or anything like that involved. He has confirmation in writing of what was said at the meeting.

 

Any advice would be greatly appreciated.

 

R

[elpulpo]

Given his brief service, I don't think he's got anything to go on, unfortunately.

Unless his dismissal was for an automatically unfair reason (assertion of a statutory right, unlawful discrimination, etc), I can't see anything you can do.

Rotten timing, just before Christmas.

[recompense41]

Thanks for your reply elpulpo.

 

I'm sure you're right given the length of service, but it doesn't seem right for the employer to say they've advertised for the wrong job.

 

It was really bad timing as it was the works Christmas party that evening - to which he'd been invited - and it meant not getting paid for the holiday period over Christmas. Anyway, with the Xmas break now over, hopefully things will pick up.

 

R

[teaboy2]

what does your partners contract state regarding notice periods? if its more then 1 week and the employer is only paying him one weeks pay in lieu then the employers in breach of contract, and you would have a case. BUT ONLY if the contract states more than 1 week I.E 2 weeks or more

 

Also note that your partner is also entitled to be paid for any work in hand he/she did which he/she still has not been paid for i.e if he/she works weekly then their pay is always a week in arrears meaning he/she will also be owed 1 weeks full pay for the last week he/she worked. The employer will also have to pay any accured holiday pay aswell. So make sure you receive everything that is owed in pay and not just the pay in lieu of notice.

 

You shoud get the following or similar.

 

1 weeks lieu of notice

1 weeks full pay - if paid monthly then he/she will be owed from his/her last pay date till date of last day worked

And accured holiday pay.

 

So was above what he/she was paid or not?

 

Let us know if the contract states the notice period that the employer is to give is more then 1 week though cos that will change everything if they have only given a weeks notice as payment in lieu when the contract states they will give 2 weeks notice etc.