Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Please can you tell me if your wife wishes to continue in this role or if not, what the ideal outcome would be for her given the circumstances? Thank you
OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. The main issue here is that 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.). So they could decide to make her redundant when there is not even a redundancy situation or do this without following any fair procedure or selection.
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.
So unless she can show that there were discriminatory reasons behind the employer’s decision, sadly it would not be possible for her to challenge the termination.
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
Hi there, you are correct that unfortunately it does not change the legal position because none of these factors would give her any right to challenge the dismissal. However, she has every right to question the way it was done and raise these issues. The employer is not legally obliged to consider this though or even issue a response but hopefully they would act professionally and at least try to explain themselves.