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Unfair Dismissal - help or advice please


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[link removed] Probly abt 8 or so people in each shop - something like 20 or so shops , Kx

Edited by honeybee13
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If working less than 24 months the dismissal will automatically be fair on what you have stated

 

Proving the reason for dismissal will be almost impossible. They will simply say you did not pass the probationary period

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OB - a verbal dismissal , isn't quite how I would have thought a company can treat staff. My HR person just laffed today at the validity of it - obvs we are going thru contract now an will post pertinent details , kx

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Basically She is a fine chef and kept flagging up health n safety issues with food hygene and working hours - bullying and unpaid extras K

 

Should report the shop/company to Environmental health people in that area?

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Fair or not, and you have already been told that with less than two years service it is very unlikely that she could claim unfair dismissal, you need to stop posting names / links and pictures. You are not helping your friend - what you are doing could get her into a great deal more trouble.

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The advice given above isn't quite correct.

 

If she was dismissed because she made relevant health and safety disclosures and/or complained about a breach of her statutory rights under the working time regulations then the two year qualifying period for an unfair dismissal claim is waived, as any such dismissal would be automatically unfair.

 

She doesn't have the right to written reasons for dismissal either - and I would say that could help. No company would ever admit they dismissed unfairly in the circumstances you describe and they're more likely to attempt to make something up.

 

The next step is to contact ACAS and commence early conciliation.

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But was it an official protected disclosure to the Employers HR etc??

The key will be a referenced paper trail

 

The employer will simply deny the claims with health and safety and state capability was the reason for dismissal

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A dismissal because of a protected disclosure is different to a relevant health and safety dismissal.

 

The employer may deny it, but all the judge has to decide is whether it is more likely than not that the employee was dismissed on automatically unfair grounds. In a similar manner, the employer is unlikely to be able to demonstrate it was a fair dismissal on capability grounds if there is no evidence of that either...

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But the employer only has to have a resonable belief to dismiss to be fair. As long as that decision is made on objective grounds

 

But that still has not answered the question if the alleged protected disclosure was made official, or just oral to a shift manager etc. Without any paper trail it is all hearsay

 

Other factors include any prior visits or enforcement from enviromental health to substantiate any claim? On the facts given this in my opinion is a dead duck without anything to back up a claim

Edited by obiter dictum
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I agree that there has to be something to evidence that her dismissal was a result of a reason relating to asserting statutory rights - you can't just say it was, otherwise that is what everyone would say. I did point out that it was unlikely that a claim could be made with less than two years service, and that is the case. The op has had an opportunity to provide something of a description of the evidence that they have - what they have presented has not constituted anything except their own harassment of the employer!

 

The employer does not have to prove that the dismissal was on any grounds - they have no need to prove anything at less than two years. It will be up to the op's friend to prove that they should be considered under one of the exclusions. And, in fact, the op didn't say that any grounds were given, capability or otherwise. It really is up to the op's friend to be able to evidence something of what they claim.

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Cheers fr all the replies - I am of the view it was cracking down on a ( potential ) whistle blower and certainly under employment law as my contract at work is written -this is unfair dismissal ( confirmed by our HR bod ) the issue is gathering evidence and setting a case , Kx

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Based on what your "HR bod" appeared to say from your last post, then I wouldn't place much stock in what they say! And there is no such thing as a potential whistleblower. And your contract at work is not a measure of what the law says.

 

She has less than one years service, and in the majority of cases it takes two years service to claim unfair dismissal. You cannot simply "decide" that she was dismissed because she was "potentially" something. She either did whistleblow, or she did not, and she requires some evidence to suggest that is the case. Past that, if she was dismissed with notice or notice pay, there is no case to answer.

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