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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47378
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My daughter worked days new employer but was sacked

Resolved Question:

My daughter worked for 3 days for a new employer but was sacked for a breach of policy, namely "mentioning where she worked on social media" which was against company policy.
All she said was that she liked working there! There was no prewarning of the dismissal, no chance to a fair hearing and the outcome was predetermined at an earlier management meeting. In actual fact there is evidence to suggest that the real reason for her dismissal is her association with a previous employee who sued the company for reasons unknown to my daughter at the time. So she was deemed "guilty by association" and was dismissed in a kangaroo court situation where they found a convenient hook to hang her on. Thus ridding themselves of a possible insider they assumed would help an ex-employee gain further grounds/ information for a reason unrelated to the actual dismissal action taken. They were heavily fined in court for serious breaches of the fire safety regulations and are paranoid of further knowledge becoming public despite the CQC and local newspapers publishing all the facts! Hence, the kangaroo court dismissal action taken. I have a complete PDF file available of the series of events described briefly herein.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long did she work there for?
Customer: replied 1 year ago.

just for the 3 days. Started Monday morning, sacked on Wednesday afternoon 12th August 2015.

Expert:  Ben Jones replied 1 year ago.
Was she paid any notice pay?
Customer: replied 1 year ago.

No, not yet. We are waiting to see what happens to that end.

Expert:  Ben Jones replied 1 year ago.
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.). The fact that she associated with someone else who was sacked in the past and that she is completely innocent makes no difference unfortunately.
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, but only if she had been working there for at least a month. So in this case she is not entitled to any notice pay unless her contract provided for one.
If she was not paid her notice period when she was due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and she could make a claim in an employment tribunal to recover the pay for the notice period that she should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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