Unfair dismal and bullying

[Rkerins]

Hi there,

Would really appreciate some advise. I'll try to keep it brief.

My partners boss has consistently spoken down to to her in a work chat. Usually a night when intoxicated as she drinks heavily. My partner wanted to nip home tomorrow to let the dog out for the toilet. She was working a 10hour day and would have been gone 20min max. This was agreed and fine. This evening she was told she was no longer allowed. I pointed out you're entitled to a 20min break for every 6 hours work. The response was, 'I know the score I've done this for years, get lost, you are no longer employed by me.'

we have had 3 miscarriages this year and messages and pressure to return were appalling.

I've advised my partner to go the doctors and get a work related stress note as she is distraught and we haven't formally revived anything yet. We will be pulling together evidence and a timeline over the next few days.

Could you please advise on the steps we should be taking from here please as this is all new to us.

She is also die a months pay this Friday....

Thanks in advance!

[efpom]

I found your writing confusing, hence the questions.

Is the employee still employed or has the person been dismissed?
Is the employee presently on sick leave?
Does the employee complain of a breach of the Working Time Regulations?

What, if anything, is the issue between the employee and the employer?

[Rkerins]

Apologies, I was rushing from my phone last night.

We received a text message yesterday evening saying, 'you are no longer employed by me, get lost'. This was out of the blue and in response to a request for a 20min break in a 10hour day. She tried to call this morning but we rejected the call and have written a formal letter requesting reasoning for dismissal without any notice. To be honest I think she was calling to see if my partner was still going in and would try to brush the message last night under the carpet, but it's the final straw for us now.

My partner was not off work sick, however we are currently trying to get a doctor's appointment and note for work related stress which this has evidently caused. The reason for doing this is my partner has not formally being dismissed, just a drunken text from her boss.

My partner has consistently flagged up not been given enough time to complete her clients, and was put down in front of a group chat in relation to this. My partner is consistent in the top 2 each month for revenue, so performance can not be questioned.

The boss has a history of bullying and nastiness towards staff. We have multiple messages from other employees in relation to her behaviour. We believe her agenda is to force my partner out as we had been trying for a child and my partner had time off during miscarriages. I would like to add very little time off too, and less than the doctor had advised all because she was put under pressure and made to feel bad for being off.

I have not allowed her to behave this way and flagged up on two occasions that she is bullying my partner and showing no respect, perhaps this has actually added fuel to the fire and led to her been pushed out.

Thanks for your time.

[efpom]

The ex employee's partner, you, the writer, has no standing in law.

The text message is unequivocal - the employee it was addressed to was dismissed and is now an ex employee.

Before the ex employee sends any correspondence, may i respectfully suggest that there be a pause for reflection.

I assume that the ex employee was dismissed by the owner of the business that employed her, and not by some intermediate manager.

Shortly put, the ex employee was dismissed for asserting a statutory right - the Working Time Regulations.

The next step is to issue Employment Tribunal proceedings.

[Rkerins]

Yes, the business owner sent the text.

I dropped a letter to the place of work yesterday requesting the grounds for dismissal and why no formal procedure was followed, along with other notes re. persistent bullying. Her boss started crying and apologising for a 'huge mistake at the end of a stressful day' and wanted my partner to return to work.

My partner has no intention of returning to work there now and is looking into going self-employed.

One final question I have. If the owner has apologised and tried to withdraw the dismissal, can we still proceed with an unfair dismissal claim?

[efpom]

No - It's not open to the employer to withdraw an unequivocal dismissal, particularly when the ex employee has, as here, acted on it, and yes the claimant can bring tribunal proceedings. There are strict time limits to bring a claim - look that up on the internet.

The ex employee has a duty to mitigate her loss, by, for example, seeking and accepting work at a lower rate, and in a different profession. So records should be kept of that.

it's not just unfair dismissal, it's automatically unfair dismissal. You can look that up on the internet.

What profession is the "victim" practicing?

One further matter, It is always open to the potential claimant to settle the matter, by offering to compromise the matter on receipt of a sum of money from the ex employer. Involve ACAS on that.

[ULA]

The time in which to bring a claim is 3 months less a day from the date of the dismissal - i.e. when your partner received the text message.

I am not sure how long your partner was employed at the business but since she has been dismissed for exercising a statutory right, even if she has less than 2 years service, it will be an automatically unfair dismissal.

[efpom]

You may find the following useful, particularly the The Relevant Legal Framework at 18 onwards.

https://www.bailii.org/uk/cases/UKEA...8_19_2008.html