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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50158
Experience:  Qualified Employment Solicitor
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My ex son in law had a disagreement with his company, about

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My ex son in law had a disagreement with his company, about 4 months ago he either left of his own accord or was dismissed, i dont know which. The company owner has told my son in laws daughter, my grandaughter, who works for the same company, that they are letting her go, a polite way of saying ''you are being dismissed'' he has told her it has nothing to do with her performance etc, he doesn't want someone from her fathers family working for him, surely there are no grounds for 'dismissal' in that statement.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long has she worked there for?

Customer: replied 1 year ago.
12 months, i have a letter of dismissal here, it states :-
Termination of Employment
Following our meeting on 31st August 2016, i must advise you that due to a substantial business reason of great positional conflict, you are no longer required for your role.
Therefore your employment terminated on 31st August 2016. You are not required to work your 4 weeks notice..... etc etc it carries on to explain what she will be paid.
She phoned her immediate manager whilst i was listening in and asked could he expand on the reason, the answer was. Because of the conflict between this company and your father you are no longer required.

Hello, sorry I was offline by the time you had replied. 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. Her employer would either have to allow her to work that notice period and pay her as normal, or they will have to pay her in lieu of notice.

If she was not paid her notice period when she was due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and she could make a claim in an employment tribunal to recover the pay for the notice period that she should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.

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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