Many thanks for your patience. You may be aware 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 an employer can dismiss her for more or less any reason, and without following a fair procedure, as long as the decision is not based on a reason which makes a dismissal automatically unfair. These include:
· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)
· Taking, or trying to take, leave for family reasons including pregnancy, maternity leave, parental leave, adoption leave or leave for dependants
However, if the dismissal had nothing to do with any of the above exceptions, she would not be able to challenge it. In that case her only protection would be if she was dismissed in breach of contract. That would usually happen if she was not paid any contractual notice period due to her (unless she was dismissed for gross misconduct, where no notice would be due). If she did not have a written contract in place she would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow her to work that notice period and pay her as normal, or they instead have to pay her in lieu of notice, where she is paid for the equivalent of the notice pay but her employment is terminated immediately.
Poor performance is not usually a reason for gross misconduct so they should have given her notice in the circumstances, even if she cannot challenge the dismissal itself. She can consider making a claim in the Employment Tribunal for free to try and recover what she is owed.
Does this answer your query?