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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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My daughter works as a receptionist in a dentist, she was nearing

Resolved Question:

My daughter works as a receptionist in a dentist, she was nearing the end of her shift and took a pic for Snapchat of the last customer on screen and wrote " last one of the day nearly home time" or something to that effect, no personal details other than the customers name were shown on screen, this went to one person, a girl who works at another branch of the dentist, who reported it. My daughter has a disciplinary hearing on Thursday of this week. When asked about it, she panicked and denied it, can they sack her for this or do they have to issue a warning first.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long has she worked there for?

Customer:

Nearly 2 years I think

taratill :

Is it definitely less than 2 years? This is important as she has increased rights after she has been employed 2 years?

Customer:

Im just trying to get hold of her at work, sorry to keep you waiting, April 2013.

taratill :

So she started April 2013?

Customer:

Yes

taratill :

Ok please give me a few minutes to prepare an answer for you.

Customer:

Ok thank you.

taratill :

Hi the major difficulty for your daughter is her length of service. UK employment law does not protect those with less than 2 years service very well as they cannot claim unfair dismissal. This means that an employer can terminate a contract for almost any reason in the first 2 years and there is no recourse at law. The exception to this is if the dismissal was for a discriminatory reason, i.e. on the grounds of her sex, race, religion, pregnancy, disability or for raising a health and safety complaint.

taratill :

As non of these things apply then the employer can sack her for this without giving a warning.

taratill :

Even if she had over 2 years service it could be reasonable to deem this as gross misconduct and dismiss without issuing a warning. This is because it could be deemed a breach of confidentiality.

taratill :

The best thing your daughter can do is to say that she is sorry appeal to her employer to give her a second chance.

taratill :

If you have any further questions please do ask.

Customer: Thank you very much for your help today Jenny ūüėä
taratill :

No problem, I am sorry it was not the answer you were hoping for.

taratill :

If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. thank you and all the best.

Customer: This is what I've said to her, they can on say no.
Customer: Thank you once again, rating to follow.
taratill :

Many thanks.

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