daughters friend in trouble!

[skintkim]

Morning everyone, my daughters friend has handed in her notice at work yesterday as she is a nail technician and gonna work for her mum, she has given them plenty of notice until beginning of April ! The boss went mad and told her to get out straight away she was being sacked, she went but during the evening got a text from her boss stating she can understand why she left as the business was going into bankruptcy in the next two months (first she has heard of it) but that she had heard Jade (thats friends name) had stolen £200 pounds on Saturday. This morning she received a letter saying they do not except her resignation but were sacking her for gross misconduct for poaching their customers (the other shop has not been opened yet) Anyone got any ideas what she can do ?

[Tools]

Re: daughters friend in trouble!

Hi Kim,

Not quite sure what outcome she would be looking for or if indeed there is anything she needs to do.

If the boss has accused her of stealing the £200 and she is innocent(i don`t know so don`t take this as derogatory) then I would ask them to prove this or take back the comment. If she is 100% certain she hasn`t taken the money then tell the boss if they continue to make such comments she will take action for defamation of character. Does she have the suggestion in writing?

As for her handing in her notice, as long as she has given the appropriate notice then there is nothing her boss can do. If they try to hold back her wages, without a valid reason she can threaten to sue her boss for any wages outstanding.

Again, if she is sacked for either poaching customers or stealing money then her boss must provide proof, otherwise she can also take them to an industrial tribunal.

[WendyB]

Re: daughters friend in trouble!

And keep the text for evidiedence just in case.

[TUTTSI]

Re: daughters friend in trouble!

Did she sign a contract stating that she could not poach customers or operate with a certain radius if she left. If she did not then the boss has no rights whatsoever to dictate to her. Also the clients can make there own choices either to follow your daughter or stay on in the salon and have someone else paint their nails they certainly would not have signed a contract!!!

Was she employed or is she self employed and just paying a percentage of her takings to the salon! If she has now become self-employed then if she has not already done so, she must register within the month with Revenue and Customs. If she was employed and he did not give her notice then she is owed depending on whether she is paid weekly or monthly 1 week or 1 months notice (he kicked her out) and she is entitled to money in lieu!!!

I also agree with Tools, unless he can prove catorgoically that she stole the money, he has to retract and he certainly cannot hold back her money to which she is entitled to.

She must keep that text message for proof etc and she should advise him what is due to her and if he does not pay she must advise that she will sue him for the money + compensation and she could also make enquiries at Acas to take him to a tribunal.



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