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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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my girlfriend turned up for work to night only to be be given

Customer Question

my girlfriend turned up for work to night only to be be given a letter with out notice that her services were no longer required as bar staff with immediate effect after 30 years part time employment at the same public house has she any rights and what would you advise.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

How long has she worked there for?

Customer:

30 years

Ben Jones :
OK, thank you, ***** ***** this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you
Ben Jones :

Thanks for your patience. 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 their 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 use 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 this would depend on which of the above reasons they used to dismiss.

What the employer has done here will almost certainly amount to an unfair dismissal – they have not provided a fair reason and have certainly not followed a fair procedure. So she can definitely consider taking the matter further if necessary. Before she considers any formal legal action she needs to try and resolve this with the employer – she should contact them and advise them of her rights and that she considers herself unfairly dismissed. She should ask them to reinstate her to her position. If that does not happen or she firmly believes the trust has now been completely broken and she cannot work with them any longer, she can then pursue the unfair dismissal route in the employment tribunal. She would be expected to go through ACAS first to negotiate with the employer over a financial settlement to avoid legal action but if it is not possible to come to an agreement, she will be able to make the claim and pursue compensation in that way.

Hope this clarifies your position? If you could please let me know that would be great, thank you


Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

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