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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47840
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work in a wedding boutique for a married couple, the husband

Resolved Question:

I work in a wedding boutique for a married couple, the husband wants his wife to sack me because he said that I spoke about him out of work. His wife said she will not sack me. They have a 50 50 share in the business. I work 16 hours a week and I should be at work tomorrow. I am a little concerned about going in because he had a huge confrontation with me last Monday. His wife had asked me to stay off for the rest of the week with full pay, to see if this will calm down. I have been informed that if I go in tomorrow he is going to sack me, but she has said that she will not. He is a little intimidating and I'm really scared. Can you please advise me what would be for the best. Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.Can you please tell me how long have you have you been with your employer

Customer: I started on 13th of July 2013
Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer: Thank you
Ben Jones :

Many thanks for your patience. Your employment rights are somewhat limited at this stage due to your length of service. You see, if you have been continuously employed at your place of work for less than 2 years then you will not be protected against unfair dismissal. This means that your employer can dismiss you 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 you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).


 


If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.


 


So the issue here is that they are both your employer and can take that decision individually if needed, which places you in a somewhat vulnerable position. So if it has been suggested you take some time off, to let the situation cool down, it may be best to do so and see what happens after that time has passed. This could be a heat of the moment response by the husband which may change with time and if the wife manages to talk to him and resolve it.

Customer: Thank you for you're help. If I stay off work with my female employers consent, could my male employer sack me e.g. Over the phone, or letter?
Ben Jones :

potentially, yes. As the other part of the employer he can still take decisions to dismiss but always check with the wife as well, don't just take his word alone

Customer: Thank you again
Ben Jones :

you are most welcome

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