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Employment Law

(8 Posts)
HelloCheeky Sat 06-Oct-12 08:23:46

My sister was told yesterday without any warning at all that she was to be dismissed. She was asked to leave the building more or less straightaway and to return on Monday for a meeting to discuss the reasons and terms of her dismissal.

She says,and I have no reason not to believe her,that she has done nothing wrong. She thinks it has happened because her two year probationary period is about to expire and the company is in financial trouble.

She has asked me to come with her on Monday. Apart from emotional support I don't think I can help. I feel extremely angry and upset about it myself and the implications for us as a family will be huge because she lives on her own and has large debts. Anyway, I am wondering if it is a good idea to bring a lawyer to the meeting. She couldn't afford a lawyer but I could,just about. She is in an important position in the company and well known and respected in her field. Being dismissed will prevent her from finding new work as well as the obvious financial consequences. I think the company think that because of the short notice they will get away with it. The presence of a lawyer may make them more careful. Is this a good idea ?

flowery Sat 06-Oct-12 08:27:58

I would be astonished if they allow a lawyer in, but this sounds like a relatively clear case of unfair dismissal anyway. I would suggest she advises them of that at the meeting on Monday.

Even in the unlikely event she has done something that could be gross misconduct, by telling her she's dismissed without a hearing it's still unfair dismissal.

Probationary period means nothing legally.

zippyrainbowbrite Sat 06-Oct-12 08:31:00

Are you in the uk? If so, she can't just be dismissed at the end of her probationary period unless there have been previous reviews saying that she is not performing at the required level.

You won't be allowed into the actual meeting with her, but she should be allowed another person at the company (although that could put them in an awkward position), or a union rep (but she would have to be a member of a union)

Disclaimer- I'm not in HR but spent many years as a retail manager and have done probationary reviews with under performers, and dismissals for it - it is a loooong process.

zippyrainbowbrite Sat 06-Oct-12 08:33:16

Also, is the two year probationary period on her contract? That's a very long time to be on probation?! Or could it be that she's on a fixed term contract that's about to end?

fuckwittery Sat 06-Oct-12 08:36:41

they won't let a lawyer in. I think you are allowed to have another colleague. There is an employment topic specifically for employment legal matters, suggest you post on there too where there are some experts on employment law.

HelloCheeky Sat 06-Oct-12 08:42:43

Thanks for these replies

HelloCheeky Sat 06-Oct-12 09:46:14

This is a small company and she is one of the managers. There isn't any colleague who could accompany her. If they don't allow anyone else into the meeting to support her,do you know if she is entitled to record it ? She's quite distressed and I am not sure if she will be able to react in her best interests or to remember all the details of what they say

flowery Sat 06-Oct-12 12:49:49

She's not entitled to record it no. I would suggest she asks whether she can bring you both as emotional support and to take notes of everything. I would suggest she says very little indeed, just listen and note down what she is told, then confirm that this is unfair dismissal, they do not have grounds to dismiss her and have not followed a legal process and as such she will be appealing it and then bringing a claim. No value in being drawn into any kind of argument.

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