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They’re recruiting for DHs job while he’s still in it(7 Posts)
DH heard from an industry connection that his job is being headhunted for on the quiet. Background is that his organisation is hyper critical and aggressive with horrible blame culture. He didn’t get a great review last year and an employee submitted a grievance against him (which wasn’t upheld) last year as well. He spoke to his boss last year and said he felt concerned he would lose his job and was completely reassured this was not the case and was told he was being paranoid.
We spoke to a solicitor who said that because he’s been in the organisation less than two years they can just get rid of him and pay only his notice.
This seems ridiculous. Is anyone able to offer any advice? Now poor DH has to go into work every day wondering if this is the day he’ll be told to leave. His organisation have no clue that he knows his role is being recruited for. He is obviously starting to look for a job on the quiet now but he (and I) are incredibly stressed as he’s the main breadwinner and the solicitor told us that legally they didn’t even have to pay his notice period.
Thanks in advance for any advice.
Posting as well in AIBU for traffic.
Yes, sadly if he has less than 2 years notice, he only has protection from discrimination.
As with PP, the only protection is a discrimination claim I’m afraid. Unless they dismiss him for gross misconduct they should pay his notice though. If they don’t dismiss for gross misconduct and don’t pay notice you can make a claim for the notice pay.
Your solicitor is correct about the two years, assuming no discrimination.
No reason to think they wouldn't have to pay his notice period though, that's odd advice. That would only apply if there was a gross misconduct dismissal. Otherwise failure to pay contractual/statutory notice would be breach of contract and wrongful dismissal.
Did the solicitor explain why he/she thought the notice period wouldn't apply?
Could he sign himself off with stress based on finding out they’re recruiting for his role and then go for constructive dismissal? Or does the two year rule still apply?
Worth noting that he was in the business for 7 yrs, then left for a year and returned. However his contract obviously starts from his second return
Yes, the two year rule applies, regardless of whether he's off sick or not. It's only if he is being less favourably as a result of a protected characteristic like a disability that he can potential claim unfair dismissal (constructive or otherwise) during the first two years. Or a few other very specific reasons, such as exercising a statutory right.
Why does the solicitor think they wouldn't need to give him notice?
Worth noting that he was in the business for 7 yrs, then left for a year and returned. However his contract obviously starts from his second return.
Yes his continuous service was broken. Even if he left for a shorter period it would still class as broken service esp for pension purposes.