Unfair Dismissal, how do I find out if it is correct?
Discussion
My OH was recently dismissed from her post, I think the employer acted unfairly and not inline with her contract. Is there any easy way of finding out if she has a case for unfair dismissal?
Luckily she has managed to find alternative employment without too much of a gap, although it is a lower rate of pay and less hours.
Luckily she has managed to find alternative employment without too much of a gap, although it is a lower rate of pay and less hours.
sc0tt said:
Give ACAS a call. I was on the phone to them for 30 minutes last night. Very helpful.
Thanks for the advice, I gave them a call and they explained that it is not possible to be unfairly dismissed if you have worked for the company for less than a year. The only exception being on race, religion or sex discrimination grounds, which this is not.Thanks anyway
sc0tt said:
Sorry to hear this mate.
Chin up, everything happens for a reason and all that.
Yeh, it's not all bad, she managed to find new employment the day before her current job ended and she starts next week, only trouble is it's less pay and less hours. But any job is better then no job in my book!Chin up, everything happens for a reason and all that.
If anyone is interested, the reason I thought she had been dismissed unfairly is for 2 reasons....
Firstly she was only given a weeks notice of dismissal, her contract states that within the first 6 months of employment only 1 week is required by either side however it doesn't say what notice period is required after the first 6 months. She had been there more than 6 months.
Secondly and more importantly: She was a 'relief' carer and her contract was for 0 hours, however for the first 6 months of her employment she was called in for around 40hrs/week consistently. Then a few weeks ago there were a couple of occasions when she couldn't cover shifts due to previous appointments and they then refused to offer her any more shifts, saying that they were trying to call but getting no answer. I personally don't believe that as her phone has been working fine for all the other calls she gets during the day.
The letter she got explaining the dismissal said 'due to you not being able to cover any shifts recently we will be ending your employment at the end of January'. So they dismissed her on the grounds of not accepting some shifts, however in her contract it states that she is allowed to accept or decline any offer of shift cover as she pleases.
Anyway having thought more deeply about it we think this is definitely a move for the better, less travel and better working environment etc
So it's smiles all round Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff