Unfair dismissal?
Discussion
For the last 4-5 months my girlfriend had been working for a guy who runs his own business selling various stuff via Ebay and his own websites.
She's never had any complaints about the work she's done, was always on time (actually arriving early most days), he even provided her with a mobile phone for the customers to ring which they did at some rather unsociable hours (sometimes as late as 10pm) and which she always dealt with, etc.
Compared to another woman who worked there who was regularly late or didn't turn in at all on some days and wouldn't even bother to inform them she wasn't coming in. Despite this he didn't sack this woman and it wasn't until after she hadn't turned in for 8 consecutive days in a row he decided she probably wasn't coming back.
So yesterday my OH arrives at work only to be told that he's having to let her go because he's 'being investigated for fraud' and he 'doesn't want her to be involved'. He made some excuses about all his websites being closed down and his ebay, paypal and bank accoutns being frozen and that he'd let her know if there was any change.
She's somewhat sceptical about this as only some of his sites are down and that's simply because he hasn't renewed his hosting, all his listings on Ebay are still active and it appears he's changed all his passwords for everything she dealt with.
She thinks the truth is that he's simply sacked her and gave her job to one of his mates because he'd told her just a few days previously one of his mates had been asking if he had any work and then for whatever reason there was a falling out between her boss and this mate of his.
So the obvious question is, is this legal?
I should also point out that he's given her a cheque for what she was due, nothing to compensate her and had given her no notice, it was with immediate effect.
She's never had any complaints about the work she's done, was always on time (actually arriving early most days), he even provided her with a mobile phone for the customers to ring which they did at some rather unsociable hours (sometimes as late as 10pm) and which she always dealt with, etc.
Compared to another woman who worked there who was regularly late or didn't turn in at all on some days and wouldn't even bother to inform them she wasn't coming in. Despite this he didn't sack this woman and it wasn't until after she hadn't turned in for 8 consecutive days in a row he decided she probably wasn't coming back.
So yesterday my OH arrives at work only to be told that he's having to let her go because he's 'being investigated for fraud' and he 'doesn't want her to be involved'. He made some excuses about all his websites being closed down and his ebay, paypal and bank accoutns being frozen and that he'd let her know if there was any change.
She's somewhat sceptical about this as only some of his sites are down and that's simply because he hasn't renewed his hosting, all his listings on Ebay are still active and it appears he's changed all his passwords for everything she dealt with.
She thinks the truth is that he's simply sacked her and gave her job to one of his mates because he'd told her just a few days previously one of his mates had been asking if he had any work and then for whatever reason there was a falling out between her boss and this mate of his.
So the obvious question is, is this legal?
I should also point out that he's given her a cheque for what she was due, nothing to compensate her and had given her no notice, it was with immediate effect.
Edited by Oakey on Saturday 3rd July 13:11
It sounds more like she is being made redundant - if he is curtailing his operations. However, it doesn't look like he has followed standard procedures regarding either redundancy or dismissal so your GF could have case against him - if she wants to bother.
He sounds like the type of employer she is best having nothing to do with.
He sounds like the type of employer she is best having nothing to do with.
He's never took issue with her though, he even provided her with keys to his house and the warehouse he trusted her that much.
From what I understand her bosses mate phoned up asking for a job, this guy (who apparently designs websites, etc) is also the guy who takes care of her bosses website, domains, hosting, etc. When her boss told him he had nothing available this mate of his apparently got really stroppy with him and they had soemthing of a falling out. She said her boss had said he was never going to talk to the guy again. Then the next time she turned in (she worked Mon, Wed, Fri at his office, but dealt with customers literally seven days) he said he had to let her go along with the excuse of fraud alegations, etc.
She simply believes he's given her job to his mate. Surely if you're letting someone go / making them redundant it has to be for a valid reason, not some fabricated, fantasy bulls
t excuse?
Providing her cheque clears I don't think she will persue it, but obviously if it bounces then she may have no choice.
ETA: Admittedly, he does seem to have become a bit of an arse of late. She's sold three products this week worth £1500 each which she's supposed to get 10% comission on, however, he told her he was refunding two of the customers as he didn't think they were genuine buyers. She thinks that too is bks and he simply doesn't want to pay her comission.
From what I understand her bosses mate phoned up asking for a job, this guy (who apparently designs websites, etc) is also the guy who takes care of her bosses website, domains, hosting, etc. When her boss told him he had nothing available this mate of his apparently got really stroppy with him and they had soemthing of a falling out. She said her boss had said he was never going to talk to the guy again. Then the next time she turned in (she worked Mon, Wed, Fri at his office, but dealt with customers literally seven days) he said he had to let her go along with the excuse of fraud alegations, etc.
She simply believes he's given her job to his mate. Surely if you're letting someone go / making them redundant it has to be for a valid reason, not some fabricated, fantasy bulls
t excuse?Providing her cheque clears I don't think she will persue it, but obviously if it bounces then she may have no choice.
ETA: Admittedly, he does seem to have become a bit of an arse of late. She's sold three products this week worth £1500 each which she's supposed to get 10% comission on, however, he told her he was refunding two of the customers as he didn't think they were genuine buyers. She thinks that too is b
ks and he simply doesn't want to pay her comission.Edited by Oakey on Saturday 3rd July 13:24
If the business is genuinely retrenching, then having to let someone go does not involve the employer having to find fault with the employee. When business goes bad, employees are made redundant. It happens all the time. Of course, IF this is the situation, then the employer needs to follow distinct procedures to work out what jobs are no longer required and what individuals need to be let go.
It sounds to me like he hasn't done any of this.
If she is being dismissed for some other reason - then that is a different scenario requiring verbal warnings, periods to improve, probation periods etc etc etc. He obviously hasn't followed that course of action either.
I'd just get the hell out of there and find a job with a decent employer.
It sounds to me like he hasn't done any of this.
If she is being dismissed for some other reason - then that is a different scenario requiring verbal warnings, periods to improve, probation periods etc etc etc. He obviously hasn't followed that course of action either.
I'd just get the hell out of there and find a job with a decent employer.
GSP said:
Your partner was paid by cheque, has she been paying the correct tax and national insurance? not claiming benefits or job seekers?
Less than 12 months, can be let go with no reason given, so whether the reasons given were true or not it doesn't matter.
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