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DH sacked - is this legal??

(10 Posts)
Lolaismyfavouriteandmybest Wed 27-Jul-11 10:03:28

DH was sacked on the spot and escorted from building, It is only 2 months since he passed his probationary period with glowing reports. They stated that it was not gross misconduct and the reason they gave (as I understand it) were there had been too many complaints about his department (all because of very low staffing and high work load, he'd just taken on 4 new starters within the last week to adress this) He was given no opportunity to defend himself or improve. There had been no hint that he had to improve or his job was on the line and he had put the staff in place so that things would improve, They say they have a clause in his contract (he was not allowed to retrieve his copy from his desk) that says they do not have to follow the company disciplinary proceeding if they don't want to, therefore this is not unfair dismissal.

Is it legal to do this?

MovingAndScared Wed 27-Jul-11 10:07:49

I think you need some personal legal advice asap -
but I am guessing he has worked there less than a year so your rights are less in that case

Lougle Wed 27-Jul-11 10:08:05

If he was employed for under 1 year, he won't have the right to claim unfair dismissal unless it was on the grounds of discrimination, sorry sad

LIZS Wed 27-Jul-11 10:13:24

Sadly probably although sounds unnecessarily dramatic. However they may have felt he could damage the company by staying (ie financial transactions, taking clients etc) Presumably they will pay notice .

Lolaismyfavouriteandmybest Wed 27-Jul-11 10:15:43

he was only there 6 months sad So angry they are allowed to treat him like this.

flowery Wed 27-Jul-11 11:46:31

Not particularly fair if he was given no chance to improve or anything, but perfectly legal. If it was a 6 month probation meaning he's now done 8 months service I imagine there was no chance given to improve because he may then slip over the one year service requirement making it much much harder to get rid of him, so rather than do that they decided to dismiss him now.

What about a reference, was that discussed?

flowery Wed 27-Jul-11 11:47:03

Sorry just noticed he'd only been there 6 months, so scrap my speculation about why he wasn't given a chance to improve.

vickibee Wed 27-Jul-11 11:51:17

He has been laid off rather than sacked? In which case he will be entitled to notice in accordance with the contract, usually one month. At the very least they should pay his notice period plus accrued hols, little consolation I know. The way some employers treat their staff is shocking and legislation should be in place for fairer treatment.

flowery Wed 27-Jul-11 11:54:07

Has he received his notice pay Lola?

Doesn't sound like a lay-off at all which is a temporary thing usually prior to redundancy, and that wouldn't make a difference to what notice is required anyway.

Lolaismyfavouriteandmybest Wed 27-Jul-11 12:14:49

he's going to get his notice paid. I have no idea about a reference.

he's been working so hard to try to solve their problems caused by their own shortsightedness and they rewarded him with a kick in the teeth sad

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