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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44880
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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i work for a UK ltd business owned by my father in law who

Customer Question

i work for a UK ltd business owned by my father in law who lives in Thailand and is the major shareholder. My husband is CEO running business. There is also a board of directors not family related. My father in law rang my husband the Wednesday evening and said he wanted me to stay home and look after our children two are disabled. I have worked for the company 14 years. I said I didn't want to stay home I like my work. Then things turned nasty and my father in law was drinking. He verbally ordered my husband to end my employment forthwith. My husband said he couldn't do that and that if my father in law wanted something actioned he would have to put it in writing and my husband would speak to the board. The conversation ended soon after. Then we received a text stating my employment end forthwith and mum stay home to look after her adsa kids. The following morning my father in law sent an email to my husband CEO and the finance director reinstating his wish I leave the business. I have done nothing wrong and do not wish to leave my job. There are no grievances pending and on file. This has come from nowhere. My father in law and I have never got on but he has always seemed happy that I work within the business. The business is thriving and I have always worked more than my contracted 12 hrs. I process payroll for 40 employees invoice chase money and I'm also office manager and HR. my father in law said if I left our family would not be worse off financially and that my husbands pay would increase. I have been trying to come to a settlement for redundancy asking for a years pay in settlement as I am being bullied out of my job after 14 years. The finance director has told the shareholder that I need to be treated fairly under UK law and severance pay is perfectly reasonable. My father in law has said to my husband it is either one or the other we can have severance pay or his pay go up not both. I have not received any letters from the board or CEO or fd terminating my employment. I have been trying to broker something so as to cause limited effect on a business I care about and I know I will be harassed further by my father in law until I leave a job I am good at and love. Even though he lives in Thailand and hasn't worked in the business several years he still interferes.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What are your specific queries in relation to this please?

JACUSTOMER-bnrfpx0a- : What are my rights in relation to termination and what are my husbands rights
Ben Jones :

Hello sorry I was offline by the time your reply had come through.


 


If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. That means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.


 


According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances.


 


I see no fair reason in your circumstances for either you or your husband to be dismissed and if the employer goes ahead with either dismissal it is most likely going to amount to an unfair dismissal. In that case a claim can be made in the employment tribunal within3 months of the dismissal to seek compensation. It would be for the employer to show there was a fair reason and a fair procedure had been followed if they are to successfully defend such a claim.


 


As an alternative to claiming, the employer may be approached on a without prejudice basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation.


 


If the employer does not initially wish to consider such an option, once a claim has been made they may reconsider their position as they will find that they will spend a considerable amount of time and expenses defending the claim so the settlement agreement may be a more commercially acceptable option.

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