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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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Dear employment expert, I would be so grateful

Customer Question

Dear employment expert,
I would be so grateful for your thoughts. A friend who works for a high-profile organisation in Edinburgh has just been informed that she has been let go. She's in too much of an emotional state to tell me the details, other than that her boss got his secretary to tell her this morning whilst he is away on holiday. I think that she has been there for about 3-4 years and she does have a contract, she is 37 and well respected within the company, she worked as her boss' personal assistant. She does have epilepsy, which she keeps under control but she has worked crazy hours for him in spite of her condition. I also know that this boss is ex-army, he doesn't have a clue business-wise and I strongly suspect that he hasn't followed the correct protocols for firing an employee, because it has just come out of the blue for her. So, no warning letters etc. I am not on top of Scottish employment law and I would really like to give her good advice as to how to move forward. She is the kind of girl who would rather keep a stiff upper lip and be a lady about it all, and her boss knows this. I know that he will take advantage of her. If you have any thoughts about what her next move could be, I would really appreciate knowing them. With all thanks in advance, Charlotte
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
If she has been employed over 2 years and has been dismissed without warning or a disciplinary hearing then she has been unfairly dismissed.
She should appeal against her dismissal, engage ACAS early conciliation and raise a claim in the Employment Tribunal.
There are 5 fair reasons to dismiss these are Misconduct, Capability, Redundancy, Breach of a Statutory Enactment and Some other Substantial Reason, she should have been told in advance what the allegations were and they should have followed a fair procedure.
It seems that therefore she does have a claim.
Potentially she may also have a discrimination claim if she has been treated badly because of her epilepsy. I would advise her to make an appoitnment with a local employment lawyer. Many offer a free initial consultation.
If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
taratill and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you so much Jenny, I really appreciate this, I will let her know now! Very best,

Charlotte

Expert:  taratill replied 1 year ago.
NO problem Charlotte, thanks for your rating and all the best to your friend.

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