ok thanks. The starting point is that as he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that an employer can dismiss him 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, paternity leave, parental leave, adoption leave or leave for dependants, or for whistleblowing
However, if the dismissal had nothing to do with any of the above exceptions, he would not be able to challenge it. In that case his only protection would be if he was dismissed in breach of contract. That would usually happen if he was not paid any contractual notice period due to him (unless he was dismissed for gross misconduct, where no notice would be due). If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow him to work that notice period and pay him as normal, or they instead have to pay him in lieu of notice, where he is paid for the equivalent of the notice pay but his employment is terminated immediately.
The main concern here is whether he was dismissed for refusing to work when it was unsafe for him to do so. There is a potential argument tat this wad the reason for dismissal, which could potentially make it automatically unfair regardless of his length of service. It is however for him to initially convince an Employment Tribunal that this was the likely reason and then for the employer to prove it was not and that there was a completely unrelated reason instead.
So he can potentially consider a claim for this and he first needs to contact ACAS to start the process.
Does this answer your query?