Hello, apologies I was offline by the time you had replied. If your partner has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal or constructive dismissal. This means that his employer can dismiss him 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 he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.). Similarly, he could be forced to leave due to bullying and still not be able to challenge that.
If he was being dismissed and that had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period, because unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. His employer would either have to allow him to work that notice period and pay him as normal, or they will have to pay him in lieu of notice.
If he decided to leave then again he would only be expected to work for a maximum of 1 week. Unfortunately he has no legal right to request anything more than a week’s notice, plus any accrued holidays for the time he has already worked. There is nothing stopping him from approaching the employer and asking him for a financial settlement in return for him leaving but if the employer refuses, which they can, he either has to continue working there or leave and he won’t be able to pursue the matter further due to not meeting the requirements for making a claim.
I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news. Please let me know if you need me to clarify anything.
Hi, yes I understand he is not being fired but the rights on being fired and being forced to leave are the same at this stage. The problem with bullying is that it is not possible to make a standalone claim for it. The employee either has to be bullied and get fired, or be bullied and forced to resign. Either way, a claim can only be made if the employee has at least 2 years' service, which does mean that bullying can take place within those two years without the employee having many rights to challenge this. He can of course raise the issue with the employer (the other director) but if the situation does not improve then he does need to consider his options and whether he wants to stay there, but bearing in mind he would not be able to challenge them if forced to leave
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