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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47889
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My daughter is at university in Manchester and worked at the

Resolved Question:

My daughter is at university in Manchester and worked at the Milton Club as a cocktail waitress at the weekends to fund her studies, as she is from Kent. She was on a zero contract and in her probationary period. On the night in question in intervened in a fight between two men, fortunately was not hurt, however at the end of the evening, her immediate manager offered her some "leftover vodka" from a bottle a client had paid for but not drunk. They both had a drink, at which point the senior manager came in and sacked both of them on the spot. She has appealed, with the Club, but has now been told that she is not entitled to her Christmas bonus because she was sacked for serious misconducted and theft!!! She travelled from Kent at her on expense to work at the Club for New Year and then dismissed! Does she have any rights?
Kind regards
Elizabeth Barton
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
She has not been given a verbal/writing warning or the chance to explain the situation!!
Expert:  Ben Jones replied 1 year ago.
Hello are you asking if she can challenge the dismissal?
Customer: replied 1 year ago.
Well, she has spoken to a current employee who suggested she should try and work at a "sister club" but the manager who sacked her also manages said club so basically, yes!
Expert:  Ben Jones replied 1 year ago.
How long exactly did she work there for and did she have a contractual notice period?
Customer: replied 1 year ago.
She worked there for approx. 2 months, her probationary period was 3 months but she had not signed a contract nor, been given a handbook from the Club to inform her of their protocol etc.
Expert:  Ben Jones replied 1 year ago.
If she has been continuously employed at her place of work for less than 2 years then her employment rights will unfortunately be somewhat limited. Most importantly, she will not be protected against unfair dismissal. This means that her employer can dismiss her 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 she was trying to assert any of her statutory rights (e.g. requesting maternity leave, etc.). If the dismissal had nothing to do with any of the above exceptions then she would not be able to challenge it and her only protection would be if she was not paid her contractual notice period, because unless she was dismissed for gross misconduct, she would be entitled to receive her contractual notice period. If she did not have a written contract in place she would be entitled to the minimum statutory notice period of 1 week. However the reasons here could amount to gross misconduct in the eyes of the employer because she was seen drinking alcohol from the club on the premises. The reality may have been completely different but it would come down to what the employer genuinely believed happened. In any event, it would be the best she can hope for – a week’s notice, without being able to challenge the dismissal itself. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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