Dregan vs boss

[curlew430]

Can any one advise me ? My nephew has seemingly been dismissed from employment of about 12 months ... my question is does damion have right to recieve letter as to why he has been dismissed also I told him to ask why they found it necessary to do such a thing by text . Surely this is not acceptable by company manager..

[ULA]

Unfortunately, with less than 2 years’ service, your nephew can be (fairly) dismissed without your employer giving any reason at all. Although with anyone who has gone beyond their probationary period I would always say that an employer follows a procedure to dismiss an employee with less than two years’ service that is in line with best practice, but this does not always happen. I would also say that a dismissal by text is not satisfactory but it is not the first time I have heard about this happening unfortunately.

There are certain types of dismissals that are automatically unfair, this means that the employee does not have to have worked for 2 years in order to make a claim. Examples include employees who are dismissed for any of the following reasons:-

· They asked to be released for jury service.
· The employee was intending to take action to enforce a statutory right, such as the right to be paid the National Minimum Wages.

In addition, the law does not allow an employer to discriminate against an employee on the grounds of any protected characteristic, such as race, gender, religion, disability so if they did dismiss on these grounds then an employee would be able to claim compensation for discrimination, even if they’ve only recently started their job.

However just one thing to check, is whether your nephew's company dismissal process is contractually binding. This means that if they have not followed their own procedure in dismissing you 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 your nephew has a right to a minimum notice period as stated in his contract of employment which should be paid to him if they have asked him not to return to work plus he is entitled to all contractual pay up to the termination date, including a payment for any untaken holiday entitlement.

[curlew430]

Thank you I will go through his contract they do have a procedure in place and they have failed to follow any part of what is set in writing . Thanks for your advice will chase it up

[ULA]

Just to confirm if the disciplinary procedure is contractual then they should have followed it regardless of service. If it was part of a staff handbook and non-contractal then for less than two years service they are not obliged to follow it despite best practice advice.

if you want to have any clauses checked then just post them up here with any identifying info made anonymous e.g. company name.

[curlew430]

Will post it just trying to resize pictures it looks like all diciplinary procedures are in place with all correct words and intent. Only problem is they have a manager who is lacking in employment law an management skills . Over the years I have taken two firms to all the way and won . Ya sacked or take it or the gate is there is not way option any more but some still think it's acceptable . Thanks again for ya time

[Benhildah]

Can any one advise me ? My nephew has seemingly been dismissed from employment of about 12 months ... my question is does damion have right to recieve letter as to why he has been dismissed also I told him to ask why they found it necessary to do such a thing by text . Surely this is not acceptable by company manager..

Yes he is entitled to receive a dismissal letter. However to be able to bring an Unfair Dismissal claim, he needs to have been employed for at least 2 years, unless the reason for dismissal falls within one of the exceptions allowed. What is the reason he thinks he was dismissed?