Unfair Dismissal?

[chilled]

Hi My Girlfriend started work Beginning of November and received a 12 Month probation contract. She has always been in on time ( never late ) and always done what she was Asked. She worked on Bank Holidays with a day in lieu promised, and late evenings. She went in today at 10am and phoned me at 4pm saying she's been laid off we are both pretty shocked at the moment and now scared because it's going to effect our family and means back on benefits again ( which she hates ). I'm just wondering where we stand on this as he said at interview that it's a 12 month probation contract.

At the interview there was no mention this was a temporary position as she wouldn't of taken it in the first place also it was explained that she had kids and commitments at school time but this was no problem as he said, but basically he's lied and now said there's cutbacks but other people which started the same time as her are still there. My girlfriend was part time but the other are full time the feeling I have is if she was fulltime she'd still have a job She has done Nothing to make them want her gone and was enjoying it there. I think this is disgusting ttreatment as it took her 1 year to find work that fitted into school hours and now she's back to square one through no fault of her own.

Also her lieu day she has how will she get that money now?

[Amethyst]

Re: Unfair Dismissal?

Sorry to hear about your girlfriend's work issue Did they give her any reason for laying her off ? just ''cutbacks" ?

What date in November did she start ?
Did she get a contract/terms of employment ?
What kind of work was she doing?
Has she been given notice ?
Also did they go through any disciplinary procedures with her?

[chilled]

Re: Unfair Dismissal?

Hi amethyst thanks for your reply the reason was cutbacks, she started 3/11/13, yes she got contract and terms of Employment.

The contract said probationary period 12 months subject to extension for a further 3 months and it was permanent.

Her role was customer order taker, No notice he told her today but said she'll get paid till end of week which is 3 day's pay as she was part time.

[Amethyst]

Re: Unfair Dismissal?

Hi amethyst thanks for your reply the reason was cutbacks, she started 3/11/13, yes she got contract and terms of Employment.

The contract said probationary period 12 months subject to extension for a further 3 months and it was permanent.

Her role was customer order taker, No notice he told her today but said she'll get paid till end of week which is 3 day's pay as she was part time.

So she was on one week's notice and works 3 days a week (or hours equal too spread over the week?)?
Anything in her contract about notice periods / termination of employment etc ?

Did they go through any disciplinary procedures or just call her in today to say leave now and we'll pay you till end of week?

Pretty sh*tty of them, I feel for her after so much time looking for work to fit around the kids.

[chilled]

Re: Unfair Dismissal?

She used to work 25 hrs a week tues 9 till 3, Wed 9 till 3 thurs 2 till 8 sun 10 till 5.

Just looking through the contract now but it says she would have to give 1 weeks notice if she left.

It also says in the termination and notice bit we shall be entitled to dismiss you at any time without notice.

I suppose that's basically answered my question but still feel this situation stinks.

No disciplinary procedures just told her today at 4pm when she wad supposed to work till 5pm but left after they told her.

[chilled]

Re: Unfair Dismissal?

Also the contract she has in her hand at the moment is for people that are fulltime they didn't do a seperate one for her part time

Also it says in this contract notice required from employer 1 week up to 2 years continuous employment.

But is this contract worth the paper it's written on as she was not fulltime.

[Tools]

Re: Unfair Dismissal?

Unfortunately she has no cause of action on this, she is entitled to the 3 days paid notice, her day in lieu and also any pro rata holiday entitlement she has not taken (which possibly only amounts to around 1 day for the time she has worked there). She should also ask them to provide her with a reference to assist her in gaining further employment elsewhere, doesn't help the current situation but may be of help later.

A sad situation for you both and I do respect her wish not to rely on benefits. She should however be entitled to start claiming again pretty much immediately.

If any other situation arises because of this, i.e falling behind with financial commitments etc, do come back and ask for help, we have a section for pretty much everything and there is always someone happy to assist.

[CleverClogs]

Re: Unfair Dismissal?

She should however be entitled to start stacking supermarket shelves on a WorkFare placement pretty much immediately.

I've fixed your post for you. :tinysmile_aha_t: