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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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My mum got a job about 6months ago in a new pub that's opened

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My mum got a job about 6months ago in a new pub that's opened on a 37+her contract.Since she has been there she has had items stolen from her locker as has numerous other members of staff and the people running the pub haven't contacted the police. They announced to staff two weeks ago that they had over spent and that all part time staff were fired and everyone else were put into reduced hrs which works out as 10-15hrs per week. They have been told they are not to get a second job and to prevent this they will only do a week by week Rota. They have now asked my mum to go 100miles for two days to help with recruitment for another pub and have said if she doesn't do it they will have to sack her because there won't be any hours. This sounds like a threat to me. Are they allowed to behave like this?
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Does her contract state she can be asked to do as they have done?
Customer: replied 2 years ago.
No it says she is employed by green and king to work at redwood as assistant manager 37+hrs a week
Whilst this may sound like a threat and it likely is, it does not prevent the employer from going through with it. The main issue is that 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.
So the employer could easily ask her to go and work elsewhere even if it is not stated in her contract. She is free to refuse but the employer could then quite easily dismiss her simply because she does not have the minimum length of service to be entitled to claim against unfair dismissal.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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