How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask taratill Your Own Question

taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
32019188
Type Your Employment Law Question Here...
taratill is online now

My daughter was dismissed for no apparent reason. Her contract

Resolved Question:

My daughter was dismissed for no apparent reason. Her contract states that either side can give three months notice in writing. Although she has not had anything in writing the company concerned has engaged a solicited to get her to agree to sign an agreement at which time they will pay her three months salary. No reason has been given for her dismissal.
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today. How long has she worked there for?

Customer: 2years
taratill :

Do you know her exact start date? This is really important,

Customer: Wait and ill find out
Customer: Two years and 3 months
taratill :

Thanks, XXXXX XXXXX a settlement agreement that she has been asked to sign? Has she done so yet?

Customer: She has not responded other than to say she received the solicitors email
taratill :

Ok, the employer cannot lawfully dismiss for no reason and without following a fair procedure after a person has been employed for more than 2 years. Your daughter can therefore appeal against the dismissal and claim in the employment tribunal. Sometimes employers offer a 'Settlement Agreement' to terminate employment. This is an offer of a payment in return for the right to claim unfair dismissal. In order to be legally binding they must pay for a person to be advised by a solicitor before the document is signed.

taratill :

I think that the offer of 3 months salary is potentially low. Compensation for unfair dismissal is normally based on economic loss subject to a duty to mitigate loss. In other words loss of earnings till she can get a job. Your daughter might have a better idea but I would suggest she asked for more money, maybe 6 months pay.

Customer: Thanks I was suggesting she asked for 6 months as they still haven't written to her terminating the contract as per the contract wording.
taratill :

Hi she should definitely do that. The solicitor advising her on the agreement will also be able to help negotiate.

taratill :

If you have any further questions please ask. If I have answered your question i would be grateful if you would leave a positive rating. Thank you and all the bes.t

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions