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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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Hello, I have a quick question on behalf of my wife. She

Resolved Question:

Hello,
I have a quick question on behalf of my wife. She is currently employed in a job she does not like very much. After months of trying she has finally received an offer of interview for a new job.
Problem is, she was honest with the current employer and asked for a couple of hours off to attend the interview. They came back with a resounding 'No' as 'short staffed' etc etc
Now, she's at a quandary what to do.
We're wondering what legal entitlement to the level of recourse they would have if she just says - sorry, I'm going. She feels that they can fire her on the spot.
I feel they would surely have to go through a series of warning processes before they could fire someone? She never takes time off work, even when sick.
Any advice is appreciated.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long has she worked for the employer for?

Customer:

It's a subsidiary of Flight Centre - Infinity Holidays. She worked for FC prior to having our daughter: Late 2009 til mid 2010; then went back with Infinity in 2012 (mid from recollection)

taratill :

Ok but there was a break in service between leaving to have your daughter and going back?

Customer:

Yes. So I guess we view it as initial employment from mid 2012

taratill :

Ok thanks as she has less than 2 years service the employer could dismiss her for any reason without following a disciplinary procedure as there is no right to claim unfair dismissal in those circumstances. So to answer your question I am sorry to say that they could dismiss her if she chooses to take time off for the interview, without following a disciplinary process and there would be nothing she can do about it. From a practical point of view she could try to get the interview out of work time. I am sorry that the employer is being unreasonable in this manner when your wife has been so honest.

taratill :

If you have any further questions please do ask.If I have answered your question I would be grateufl if you would take the time to rate my answer. Thank you and all the best.

Customer:

Thanks. It clarifies the position so we know what we're dealing with at least.

taratill :

I wish your wife all the best for the future. I would be grateful if you would take the time to rate my answer. Thank you.

Customer:

Just in case I've got my dates wrong and she's actually been there longer than two years - I'm interpreting your response that that may have a different outcome?

taratill :

Yes if she has been there more than 2 years it would amount to unfair dismiss if the employer failed to follow a disciplnary process before dismissing.

Customer:

Thanks - that's very helpful.

taratill :

No problem. please do remember to rate my answer. Many thanks

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