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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48512
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My mothers work wanted her to change from he current

Customer Question

My mothers work wanted her to change from he current contracted hours to start earlier every day but can't because she has to take my little brother to school, which they know. Because of this they have fired her with 4 weeks notice, does she have a case for unfair dismissal? (She has been employed with them for 5 years)
Submitted: 1 month ago.
Category: Employment Law
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 month ago.

When was she dismissed?

Customer: replied 1 month ago.
Last week, verbally.
Expert:  Ben Jones replied 1 month ago.

Thank you. If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them the employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.

According to the Employment Rights Act 1996 there are five separate reasons that an employer could rely on to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and that the outcome was one that a reasonable employer would have come to in the circumstances.

Simply dismissing her because she could not change her hours, especially when this was due to child caring needs, is quite likely to be unfair and she can indeed consider challenging this for unfair dismissal.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps she needs to follow top take this further. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Expert:  Ben Jones replied 1 month ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

Ben Jones and 2 other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 month ago.

Thank you. First of all she needs to appeal directly to the employer using their appeals procedure. If that fails and she wanted to claim unfair dismissal she must kick start the process within 3 months of dismissal.

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

Customer: replied 1 month ago.
Thanks Ben I have passed all of this information on.
Expert:  Ben Jones replied 1 month ago.

you are most welcome