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cityguru
cityguru, Solicitor
Category: Employment Law
Satisfied Customers: 13326
Experience:  Senior lawyer with 30 years experience
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My daughter yesterday received a letter from her employer informing

Customer Question

My daughter yesterday received a letter from her employer informing her, 'having re-evaluating the staffing requirements of the accounts department, I regret to advise that your employment is terminated of todays date'.
My daughter was off sick this week having been signed off by a doctor and we believe because of this she has had her employment terminated. A temp has been taken on to do the job indicating the position is still there. At no time has she been issued with any warnings etc.
There has been no indication that the position was being removed and after trying to contact the managing director, he refuses to answer or return our calls.
My daughter has worked for the company for nine months on a permanent contract and other staff who have joined the department after her have remained in work.

My question is do we have a case for unfair dismissal?
Regards

Dave Naylor
Submitted: 4 years ago.
Category: Employment Law
Expert:  cityguru replied 4 years ago.
Thank you for your question. From what you say your daughter has only been with the company for 9 months. until such time as she has accrued 12 months continuous service she does not have any general right o claim unfair dismissal. She could only claim if she had been dismissed for an inadmissible reason. This includes for example dismissal in circumstances that constitute racial or gender discrimination or because of pregnancy but in the absence of evidence of such a reason she can be dismissed within the first year without any cause. Once an employee has been there a year the employee then gets full protection.

Unless her sickness absence was due to a disability or pregnancy the fact that she was dismissed whilst off sick makes no difference.

If she was summarily dismissed she is still entitled to be paid for her notice period.

Customer: replied 4 years ago.

So basically she has no rights regarding dismissal even though her performance has never been questioned and her office manager can't understand why she has had her contract terminated


 

Expert:  cityguru replied 4 years ago.
I am afraid that is correct. Employment protection rights such as the right not to be unfairly dismissed are statutory rights and in fact for people employed since April 2102, You have to be employed for 2 years ( not one as I told you earlier) to get some of those rights. Unless you have statutory rights then employment is simply a contract and if it can be terminated on notice then there is nothing to stop the employer terminating it. As I said your daughter is entitled to contractual notice or minimum statutory notice which I assume she was paid ? If not she has a claim for that at least.

She should probaly have a right of appeal also if that was in her contract terms/ employee handbook