Employment Lawyers Can Answer Your Employment Law Questions
February 5 last year regards
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
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.
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
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
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