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Illegal sacking?

(6 Posts)
gruffalocake Fri 08-Feb-13 16:52:12

I just want to know what the law on sacking an employee is. A friend has just been sacked with no warnings, outside of a probation period and without gross misconduct etc.
The manager has obviously been collecting potentially negative episodes over some months and now says this means employee has to go.

Is this legal? An annual review recently flagged no issues.

Surely there has to be warning, hearing and then dismissal or have I got that wrong? Is there any way in which an employee can be legally dismissed after turning up to work as usual?

Is it best for the employee to just suck it up and hope for ok reference or should they make a fuss?


CheddarGorgeous Fri 08-Feb-13 19:23:50

How long was she employed?

gruffalocake Fri 08-Feb-13 19:49:27

Just under 1 yr. having checked with acas I gather now that under 2 yrs and you can't really do anything. I'm quite shocked at the law as I currently understand it! Is this right?

deleted203 Fri 08-Feb-13 19:56:05

It is. And unfortunately, even if she were able to take them to an employment tribunal and win, it wouldn't help her. Compensation figures are ridiculously low.

My brother was sacked for gross misconduct (!) after working 7 years for a company who were looking to get rid of 'expensive' staff and replace them with cheap ones. It was a ridiculous and unfounded accusation and he took them to tribunal and won. The judge said that the company had 'absolutely no grounds for sacking this employee and that it was disgraceful'.

He was then awarded the money he'd lost in wages from being sacked until the tribunal hearing. (Basically about 7 months salary). And that was all the company had to do.

So, now aged 44 he is left with having to explain that he can't get a reference from the firm he worked for for 7 years as he was sacked 'for gross misconduct'. Yeah...that looks great on application forms. Adding, 'But I took them to a tribunal for unfair dismissal and won' looks no better. No one wants to employ someone who sued their last employer successfully.

It's dreadful.

gruffalocake Fri 08-Feb-13 20:03:34

Sorry for your brother sowornout I had no idea employees have so few rights. I am really shocked. Thankfully friend will be ok without job but if this happened to us we would be in a pickle.

prh47bridge Fri 08-Feb-13 22:10:33

Actually it is only 2 years for people appointed after 6th April 2012. For people appointed before then the period before you can bring an unfair dismissal claim is one year. Either way your friend does not qualify I'm afraid. However, there is no qualifying period for claims of discrimination. If your friend has been discriminated against due to sex, age, etc. it may be possible to bring a claim.

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