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 Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47368
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

my daughter has been working full-time respected small

Resolved Question:

my daughter has been working full-time for a respected small family interior design company for over a year now as a junior with the view to be trained as a designer based in the shop however with no written contract and out of the blue yesterday she has been given four weeks notice after her employer has decided to replace her with someone 'more experienced' who we believe just sent her CV in with hope of getting a job and has been told she cant afford to keep them both on.
what is my daughter's rights if any?!
The employer has offered to give her a glowing reference!
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When exactly did she start working there?
Customer:

Hi Ben

Customer:

February 5 last year regards

Customer:

Howard

Customer:

brief background my daughter like many graduates couldn't find a job after graduating and was working in a golf and country club behind the bar when one of the lady members offered her the job. She runs a successful interior design company and has a retail outlet where Charlotte is based

Ben Jones :

If she has been continuously employed at her place of work for less than 2 years then her employment rights will unfortunately be somewhat limited. Most importantly, she will not be protected against unfair dismissal. This means that her employer can dismiss her for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because she was trying to assert any of her statutory rights (e.g. requesting maternity leave, etc.).

If the dismissal had nothing to do with any of the above exceptions then she would not be able to challenge it and her only protection would be if she was not paid her contractual notice period, because unless she was dismissed for gross misconduct, she would be entitled to receive her contractual notice period. If she did not have a written contract in place she would be entitled to the minimum statutory notice period of 1 week. Her employer would either have to allow her to work that notice period and pay her as normal, or they will have to pay her in lieu of notice. They are already giving her 4 weeks though so they have satisfied that requirement and even given her more than she is entitled to.

Customer:

thanks for your advice I did fear that would be the case unfortunately but still leaves a horrible taste and sense of injustice but hopefully she will get over the shock an disappointment and something good comes out of it and she get another job with better employer and better opportunities to progress

Customer:

Howard

Ben Jones :

I hope so too, but at least it should explain the legal position so that you do not unnecessarily pursue something which she can't challenge

Ben Jones :

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Ben Jones and other Employment Law Specialists are ready to help you

Related Employment Law Questions