Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues she has experienced in her situation.
As you appear aware, the main issue in the circumstances is the fact that she has only been continuously employed at her place of work for less than 2 years. That means that her employment rights will be somewhat limited. Most importantly, she will not have legal protection against unfair dismissal. This basically means that her 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. They can proceed with a dismissal even if she had done nothing wrong and also without following any specific fair procedure or proving that any of the allegations are true.
As mentioned, there are some exceptions to this, in which case the 2-year rule does not apply. These include situations where the dismissal was wholly, or partly, due to:
- 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
- Raising concerns about health and safety or other unlawful acts by the employer and being penalised as a result by being dismissed
The issue you have mentioned with race does not appear to be that strong and it is only an assumption, without clear evidence that it I a factor in their decision, which would make it hard to use as a reason.
If the dismissal had nothing to do with any of the above exceptions, she would not be able to challenge it due to not meeting the minimum service criteria for claiming in the Employment Tribunal. 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. That is where she is guilty of something very serious which justifies immediate dismissal, without any notice pay.
In any other circumstances, she would be due a minimum notice period, as per her contract and associated pay. 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 can decide to pay her in lieu of notice. That is when she is paid for the equivalent of the notice period but her employment is terminated immediately and she is not expected to work through her notice period.
Also, it makes no difference if the issues concerned are 6 months old – that is all to do with the fairness of a dismissal, which as mentioned she will not be able to challenge.