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Ask taratill Your Own Question
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6463
Experience:  15 years experience of advising on employment law matters
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My daughter was dismissed for no apparent reason. Her contract

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My daughter was dismissed for no apparent reason. Her contract states that either side can give three months notice in writing. Although she has not had anything in writing the company concerned has engaged a solicited to get her to agree to sign an agreement at which time they will pay her three months salary. No reason has been given for her dismissal.

taratill :

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

Customer: 2years
taratill :

Do you know her exact start date? This is really important,

Customer: Wait and ill find out
Customer: Two years and 3 months
taratill :

Thanks, XXXXX XXXXX a settlement agreement that she has been asked to sign? Has she done so yet?

Customer: She has not responded other than to say she received the solicitors email
taratill :

Ok, the employer cannot lawfully dismiss for no reason and without following a fair procedure after a person has been employed for more than 2 years. Your daughter can therefore appeal against the dismissal and claim in the employment tribunal. Sometimes employers offer a 'Settlement Agreement' to terminate employment. This is an offer of a payment in return for the right to claim unfair dismissal. In order to be legally binding they must pay for a person to be advised by a solicitor before the document is signed.

taratill :

I think that the offer of 3 months salary is potentially low. Compensation for unfair dismissal is normally based on economic loss subject to a duty to mitigate loss. In other words loss of earnings till she can get a job. Your daughter might have a better idea but I would suggest she asked for more money, maybe 6 months pay.

Customer: Thanks I was suggesting she asked for 6 months as they still haven't written to her terminating the contract as per the contract wording.
taratill :

Hi she should definitely do that. The solicitor advising her on the agreement will also be able to help negotiate.

taratill :

If you have any further questions please ask. If I have answered your question i would be grateful if you would leave a positive rating. Thank you and all the bes.t

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