Under 2 years dismissed without warning

[SHEEPOFDESTINY]

Hi would like help with dismissal appreciate any help. My daughter had 11 months employment as permanent staff. Friday 27th October was stopped and taken into the car park behind a van and told she had been fired. WHY because it seemed she wasn't happy within the last couple of months working there and was having an impact on the other employees. She has tried to ask to see the director to discuss this an appeal but he will not see her yet stating that he was busy with house moving and now that it is a busy period work and will see her after Christmas He has no issues with her work and will give her an excellent reference.His she able to take this to a tribunal.

[SHEEPOFDESTINY]

Re: Under 2 years dismissed without warning

In her contract heading Grievances they follow the aces disciplinary and grievance policy. She was never spoken or had any warning prior to the dismal. She was also told by the director that he heard she was going to leave anyway moving area.

[ULA]

Re: Under 2 years dismissed without warning

Unfortunately, with less than 2 years’ service, you can be (fairly) dismissed without an employer giving any reason at all. Although with anyone who has gone beyond their probationary period I would always advocate an employer follows a procedure to dismiss an employee with less than two years’ service that is in line with best practice.

There are certain types of dismissals that are automatically unfair, however from what you have said in your post the circumstances would not fall into any of the categories.

Just one thing to check, is whether your daughter's employers' dismissal process is contractually binding. This means that if they have not followed their own procedure in dismissing her then there is a possibility of having a claim for breach of contract and be in a position to claim damages resulting from the breach of procedure. There is no qualifying service requirement in order to bring a claim of breach of contract. Most days employers state that their disciplinary process is non-contractual in which case this would not apply but it may be worth the check just in case.

Please remember she will have the right to a minimum notice period as stated in her contract of employment which should be paid to if they have asked her not to return to work plus she are entitled to all of her contractual pay up to the termination date, including a payment for any untaken holiday entitlement.

[SHEEPOFDESTINY]

Re: Under 2 years dismissed without warning

Thank you for you reply Ula. How do ok find out if that their their disciplinary process is contractual. Would this be stated in her contract. Her contract states under 12.1 Grievences The employer follows the Acas code of Practice in Disciplinary and Grievence matters.

[SHEEPOFDESTINY]

Re: Under 2 years dismissed without warning

If it's states in her contract that they follow the aces code is it contractual or does she have to ask her employer.

[ULA]

Re: Under 2 years dismissed without warning

Has your daughter received formal notification that she has been dismissed yet?

If they use the ACAS code then that is in place of any company determined procedure. I have linked to it below, however in the first instance your daughter should raise a grievance in writing in regard to her dismissal from the company as soon as possible. Her employer should then arrange for a formal meeting to be held without unreasonable delay.

http://www.acas.org.uk/media/pdf/k/b...n-Jul-2012.pdf

[SHEEPOFDESTINY]

Re: Under 2 years dismissed without warning

Her formal notification was in an email the same day. After the dismissal she emailed him asking him to meet her as she did not understand what she had done. He wouldn't see her and sent an email formally dismissing her. She has since written asking to see her to discuss how he has reached this decision as she would like to improve if it was her fault and tried to appeal. He emailed each time to say he was to busy but would meet her in a cafe as he didn't feel it was right to go to is office after Christmas. Prior to this he wanted to meet me in a cafe on a Sunday which was not convenient to me but regardless of this didn't want to discuss my dismissal in a cafe

[SHEEPOFDESTINY]

Re: Under 2 years dismissed without warning

He basically will not see her until after Christmas as he is to busy.

[ULA]

Re: Under 2 years dismissed without warning

It sounds like your daughter is being "stone-walled" but since she has less than 2 years service

you can be (fairly) dismissed without an employer giving any reason or following due process even if that is the ACAS code of conduct unless it is covered by the

types of dismissals that are automatically unfair.

I think she needs to consider what she would want to achieve by such a meeting bearing in mind how difficult they are being about it happening and I would certainly not advise that it is conducted in such an informal manner as they are suggesting.

[SHEEPOFDESTINY]

Re: Under 2 years dismissed without warning

Thank you for your reply so it seems that she is not able to do anything and he can carry on dismissing staff for made up reasons if they don't have the 2 year service. This seems very wrong. The reason for the meeting was for her to be able to understand why he thought it was necessary to dismiss her and if anyone had been involved in his decision so that she could defend it. Basically he has just fired someone because he can without having to justify the reason knowing it is a made up excuse. It is the principle of the mater she is trying to achieve becajuse he will keep on doing this.

[SHEEPOFDESTINY]

Re: Under 2 years dismissed without warning

Good morning just for clarification she is not even dabble to take this to a tribunal for breach of contract because surely working for nearly 2years and then out of the blue one day gets fired. He is going to give me an excellent reference and say that I left of my own accord.

[Guest]

Re: Under 2 years dismissed without warning

Good morning just for clarification she is not even dabble to take this to a tribunal for breach of contract because surely working for nearly 2years and then out of the blue one day gets fired. He is going to give me an excellent reference and say that I left of my own accord.

It does seem that the employer is acting legally

[Amethyst]

Re: Under 2 years dismissed without warning

You say she wasn't happy at work and that that affected other staff and led to the given reason for dismissal. Do you know why she wasn't happy at work - were there any issues over pay / holiday / health & safety etc ?

[ULA]

Re: Under 2 years dismissed without warning

To be able to claim for breach of contract your daughter would need to prove that there was a term in her contract of employment that the employer must follow a disciplinary or other procedure prior to dismissal. In the majority of cases employers have their disciplinary process as a non-contractual term of employment for that very reason.

If your daughter believes that her dismissal was due to a specified unlawful reason (for example, a dismissal related to pregnancy, health and safety or payment of the national minimum wage) then there may be a claim for discrimination, or unfair dismissal.

[SHEEPOFDESTINY]

Re: Under 2 years dismissed without warning

She was happy with the job s she had an a car accident last year and has been going for trays and physio she has now discovered that she has a hip problem and awaiting to have a MIR scan. Her sister also as a back problem and couldn't walk she is waiting to have a operation so she was helping her as we was away at the time. So if she wasn't looking happy that was the reason but it never affected her work and the director even told her that when he fired her. Another reason is that she thinks the supervised took a dislike to her and thinks it may have something to do with her but no-one is prepared to talk.