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Do you need a verbal warning before getting sacked

(9 Posts)
llllll Fri 26-Oct-12 21:20:00

My friend has been sacked. She had the day off today and got the letter this morning and told the quality of her work wasn't up to scratch. Her words were "it was a shitty letter" detailing other members of staff have complained about her and the quality of her work.

She has had a bit of a stressful month and she knew that she had made a few mistakes but she had no idea this was coming so i was wondering if you need a verbal warning before you were sacked.

Thanks

avenueone Fri 26-Oct-12 21:36:37

Under these circumstances she should have some pre warning. Sub standard work would usually start with a verbal warning, then written and then dismissal. Gross misconduct can always go straight to dismissal BUT it does depend on how long she has been there really as if she has not been there two years they can just sack her.
Being honest if they are doing this, this way, she doesn't want to be working for them whatever the legals are.

llllll Fri 26-Oct-12 21:42:54

thanks she has been working there 11 months, not the best phone call I had this morning.

olgaga Sat 27-Oct-12 01:29:03

It doesn't really matter how she's been sacked. If she hasn't got 2 years service, she can't take a tribunal claim. Unless it's for discrimination.

CelineMcBean Sat 27-Oct-12 01:35:35

They should still pay her notice. How long is that? And does it take her over 1 year service? Because she started work prior to 6th April this year she only needs 1 year service to bring a claim for unfair dismissal, not 2 years. The 2 years is for people employed on or after 6th April 2012. Everyone prior to that only needs 1 year.

If with her notice period she is over the minimum service and they wish to dismiss her for capability reasons they need to follow a proper disciplinary process. They should also do this any way because the disciplinary process is often contractual and failure to follow it can be deemed a breach of contract.

Your friend should ring ACAS and if she has any legal protection on her home insurance give them a call too.

There is no qualifying period if the dismissal is related to discrimination or exercising statutory rights.

Startailoforangeandgold Sat 27-Oct-12 01:50:18

I know you can successfully sue on these grounds.
My dad did.
His, somewhat corrupt bosses, claimed they had given him a verbal warning when he had witness to say they were totally pissed.
They then sent him a very ambiguous and badly worded letter.
The tribunal were not impressed and gave dad a nice payout.

Took years to get it, they payed a bit and then stuck the next instalment in a dark draw.

New company owners were not impressed as they ended up shelling out having not been told.

llllll Sat 27-Oct-12 10:11:54

Hi the notice period takes her 2 days before her 1 years service. I just spoke to her this morning and she read the letter to me. It was "a shitty letter".

CelineMcBean Sat 27-Oct-12 11:15:40

At best they may have breached her employment contract by failing to follow any disciplinary or performance management processes but there would need to be policies in place for this to be the case.

To be honest if it was me I'd probably cut my losses and look for another job unless referencing would cause problems or the contents of the letter were defamatory in some way in which case she could raise a grievance.

If your friend decides to walk away then she should make sure that she is paid correctly up until her last day of employment, that proper notice is given and that any accrued holiday is paid.

CelineMcBean Sat 27-Oct-12 11:25:54

By "at best" I meant in the context of bringing any sort of claim. I think the chances of bringing and winning a successful claim against the employer are almost nil - but do get independent legal advice.

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