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If you were "fired" by email (without a Read Receipt), is that really written notice???

(13 Posts)
Milliways Mon 18-Aug-08 18:33:48

The contract states "written notice". An unsigned email is received into a personal web based email account, no read receipt requested or given. It could/has gone to Junk mail.

Sender is now on holiday

Anyone know the legal position?

chocolatemummy Mon 18-Aug-08 18:41:23

thats AWFUL!

I doubt you can just fire somebody like that or atleast I hope not

LadyMuck Mon 18-Aug-08 18:43:23

What are the grounds for the dismissal? Is the proper statutory dismissal and disciplinary procedure being followed?

lilymolly Mon 18-Aug-08 18:46:08

If it gross misconduct it would warrant instant dismissal but not via e mail.

If it is milder misconduct than procedure needs to be followed throug
1 verbal and 2 written.

Depends on company I would have thought though

Can you be specific regarding the reason?
Was it you?
How many days notice?

Milliways Mon 18-Aug-08 18:48:50

No Gross Misconduct (or not stated but definately no cause).
Less than 12m employment.
Company need to reduce costs but will not admit that or state redundancy.
Job description never defined and changed monthly!
3 months notice (but not paid up front) with "gagging order" preventing contact with most of the world.

lilymolly Mon 18-Aug-08 18:56:16

I think they can not gag you if they dont pay you.

In other words- If they require you to keep quiet then you obv cannot work in that field with a competitor and therefore are not able to provide for yourself.
If they provide you with money to tide you over that period then yes they can give you a gagging order.
They can not prevent you from making a living however.

I have similar thing in my contract.

However if they have limited resources then they will hardly sue you will they?

Dont think <12 months service will effect disciplinary proceeding tbh but could be wrong

What exactly are they firing you for?

slavemum Mon 18-Aug-08 19:00:11

really good website. may be able to offer you some help/advice:

Milliways Mon 18-Aug-08 19:12:30

The company want to spend money elsewhere - priorities change & staff turnover high.

No reason to assume won't pay the 3 months notice.

It's not me, someone very close.

Cannot believe they would treat anyone this way!

flowerybeanbag Mon 18-Aug-08 19:21:46

Obviously very bad practice and an appalling way to treat someone. Presumably if the person hadn't received the email and had carried on going into work they would have been notified then, so the prospect of it not being received aren't necessarily that horrendous.

Less than a year's service means person can't claim unfair dismissal, so debating the legalities of whether an email could constitute proper notice is a bit neither here nor there.

Statutory dismissal procedure does apply to everyone but in practice someone with less than a year's service has no redress if procedure isn't followed, so actually there's nothing forcing an employer to follow it for those people.

Unless there is some kind of discrimination or non-payment of money owed, there's not a lot this person can do.

Other thought is, is person sure it's genuine? I would assume if the actual individual who sent the email is on holiday they've rung the company and spoken to someone else to verify?

Milliways Mon 18-Aug-08 19:29:33

It's genuine.

At work was called for a meeting. "Things not working". explained has always done v.well what has been asked, including answering calls at 10-11pm/weekends/days off etc. If 2 owners keep giving different goals, cannot please them both.

"Go home, will talk to other owner and call you later2.

No phone call, just email! Technically still awaiting call/post! Owners now going on hols.

flowerybeanbag Mon 18-Aug-08 19:53:35

Both owners on holiday simultaneously? Who's in charge?

I think the only thing your friend could possibly do is pretend not to have received it and go into work, and probably be told by whoever is there when he/she arrives that he/she was dismissed, didn't he/she get the email?

It's appalling, but there's not a lot of point making a fuss, because to do so would be to acknowledge that the message had in fact been received. If your friend acts as though it hasn't been received, it soon will be by another means, so it's all a bit pointless really.

Milliways Mon 18-Aug-08 19:56:07

I agree, just wanted a rant really

flowerybeanbag Mon 18-Aug-08 19:57:44

Wish I could say something a bit more helpful.

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