Employment Lawyers Can Answer Your Employment Law Questions
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Was your daughter required to attend a disciplinary hearing?
Yes it is important, if she was called into a meeting immediately then it would probably not be classed as a disciplinary hearing because you should be given notice of such meetings.
If she was dismissed without a proper disciplinary hearing then she can claim wrongful dismissal (for the notice period). She should contact ACAS to lodge a dispute www.acas.org.uk
Unfortunately the reference issue is more tricky as the employer can state something which is factually correct such is that they dismissed her. It may be better (if it is a short employment) to avoid it on a CV if possible. The other possibility is that she can say she will forego a claim for the notice pay if they will agree a form of reference. They may be willing to agree to this.
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If they are using the term gross misconduct then they are treating her as an employee which is the reason I have advised as though she is such.
If she is self employed then there is likely to be a clause in the contract which allows them to terminate without notice and I think you need to review the contract to see if the action she is accused of comes within that clause. If it does not then it is a breach of contract claim she needs to make to recover the notice.
As far as the reference is concerned the advice is the same. She really needs to speak to them to see if she can agree wtih them a reference. A factual reference of her names and dates of providing the service is what is normally supplied and it may be that they will agree to this.
In that case she can say dismissing her is in breach of contract (as a deleted email cannot really be argued to bring a company into disrepute) and she will claim in the county court (or the employment tribunal which is an option even with self employed contracts) for the unpaid notice. She can then use this as a tool potentially to agree a suitable reference.
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