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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

DH been dismissed today - AIBU to think they can't do this?

50 replies

winewillgetmethrough · 23/08/2017 22:05

Posting for traffic
Obviously DH will be contacting ACAS first thing tomorrow but we're looking for some help and hopefully reassurance tonight.
He's been employed at the company for just over a year which I know doesn't help.
DH handed his notice in on 1st August but has a 6 month notice period, he wasn't required to work in the office for this but had a business model to complete at home.
He's received a letter today stating that his employment has been terminated due to issues in the model. He's had no feedback to say there's been a problem up until now. The letter doesn't reference any form of misconduct just that that they're unhappy with the results.
On contacting his boss he's been told he's no longer an employee and will not be getting his notice period paid.
There's been no meeting and no option of appealing the decision he has however been told he can come in and discuss the model!!
Does anyone know where we stand legally?
Sorry for the essay but I'm really stressed.

OP posts:

wheresthel1ght · 23/08/2017 22:10

If there have been no meeting s etc to discuss issues then I don't think they can do this. But I am not an expert so. Bumping in case someone else can help

kabanner · 23/08/2017 22:10

Depends on his contract and how much notice they have to give him. Quite often companies will give a longer notice period for employees and a shorter one for them to give. Also check he has passed probation and this has been confirmed in writing. Without these details difficult to comment.

Flatt7 · 23/08/2017 22:10

A SIX MONTH notice period???? That's...lengthy. o.0

Akire · 23/08/2017 22:14

Most contracts would have a system of warnings and grievances and only able to terminate suddenly in case of gross misconduct i.e. Turning up work roaring drunk or stealing say. However if he is unhappy and wants to leave and they want him gone asap maybe they can come to a new arrangement? I'm guessing he has t found a job given the length of notice.

Nomorechickens · 23/08/2017 22:15

It sounds to me as if they have acted unreasonably. He would still be an employee even after giving notice so they should give him the opportunity to improve. Or if they want him to leave early, pay him the employer notice period. Of course his position may be complex but if he's been employed for over a year he should have statutory rights. Hopefully he will have a good case.

AlternativeTentacle · 23/08/2017 22:17

what is the notice period they have to give him?

Bluntness100 · 23/08/2017 22:17

What does his contract say?

scrabbler3 · 23/08/2017 22:19

The Employment board would be your best bet OP. There are a few knowledgeable HR and legal folks on that.

Sunnydaysrock · 23/08/2017 22:19

Under 2 years service means he will find it hard to challenge this unfortunately. Double check his contract obviously.

MrsApplepants · 23/08/2017 22:22

Depends what his contract says. He may be able to claim for the lack of paid notice but due to length of service being under 2 years will be unlikely to be able to claim for unfair dismissal

Aridane · 23/08/2017 22:22

The 2 years thing isn't relevant - it would be for unfair dismissal / redundancy. Here however it's just a straight contractual claim for notice pay

soupmaker · 23/08/2017 22:22

You need at least 2 years service to claim unfair dismissal at employment tribunal.

Sounds like he's been treated badly but a lot depends on what's in his contacted. Has he been dismissed on conduct grounds?

Viviennemary · 23/08/2017 22:22

They haven't followed procedure. That is verbal warning written warning and so on. If it's gross misconduct then they don't have to but this isn't so in your DH's case. But it's really hard to sue for unfair dismissal if you've been there less than two years. Is he in a Union.

Sunnydaysrock · 23/08/2017 22:23

Ps my advice is via my DH who is an HR Director

JustMumNowNotMe · 23/08/2017 22:24

@Flowery will know, hopefully she'll see this and come along.

AlternativeTentacle · 23/08/2017 22:25

They haven't followed procedure. That is verbal warning written warning and so on.

with less than 2 years in the job they do not need to. the only thing he can do here is enforce payment of his notice period. which the op has not commented on.

Magicmonster · 23/08/2017 22:25

Employment lawyer here. Since he has been employed for one year he can be terminated without any specific reason, provided that reason is not discriminatory (ie not related to his race, religion, disability etc) and is nothing to do with him previously alleging that his employment rights have been breached. However, they do need to respect his notice period, unless he has committed gross misconduct or gross negligence. It sounds like gross misconduct or gross negligence would be hard for the company to show in the circumstances and he should therefore have good grounds to claim notice pay. The amount or notice pay would depend on how much notice the company is required to give him under the contract.

kabanner · 23/08/2017 22:25

Sadly your first 2 years of employment are very insecure as you have no rights to claim an unfair dismissal. Exception being if you have been discriminated against due to a protected characteristic. Check contract and have all the facts from DH when talking to ACAS. They will use anything email etc that might indicate an issue.

Sugarcoma · 23/08/2017 22:26

As others have said, because hes been employed with them under two years be wont have a claim for unfair dismissal. So what youre looking at here is straightrward breach of contract (depending on what the contract says) probably for pay in lieu of notice. How much notice period does the company owe him if they want to terminate the contract early? If there's a set period then that's the term of the contract theyve breached as they would potentially owe him pay in lieu of notice. His performance would not really be a factor unless it was gross miscomduct but again contract should set this out.

Bluntness100 · 23/08/2017 22:29

Magic monster is notice still due if the employer says he is not capable of doing his job to the required standard?

Bluntness100 · 23/08/2017 22:32

Op, why did he hand his notice in? Would they be able to say they were going to terminate and he did it to get the notice period? Has there been any previous communications they are unhappy with his work?

HeddaGarbled · 23/08/2017 22:38

He's handed in his notice so presumably he has plans. Can he bring those plans forward? 6 months notice is very long so I think I might be a bit pleased to be released early.

Regardless of the legalities which you've had some solid advice for above, I can understand why a company doesn't someone who has no commitment to the company hanging around for another 6 months.

Original poster

winewillgetmethrough · 23/08/2017 22:42

He's not interested in claiming unfair dismissal as he was leaving anyway he simply wants his contractual notice period which is 6 months on both sides.
He's concerned he may get no pay next week even though I believe he's entitled to holiday pay and days worked this month. That should be the worst case scenario if they got rid of him for gross misconduct.
Should he have been given a right to appeal?
There's been no problem with his work up til now and he would strenuously deny any misconduct.
He's obviously looking for other jobs.
I think his boss may think this is a cheap way of getting rid of him!

OP posts:

ShellyBoobs · 23/08/2017 22:46

It seems that whenever there's a thread like this people can't wait to come on and post utterly incorrect and unhelpful 'advice'.

This gem, for example: They haven't followed procedure. That is verbal warning written warning and so on.

Magicmonster · 23/08/2017 22:48

Since he has under 2 years service he is not technically entitled to a hearing prior to dismissal, and is not entitled to an appeal, but it would make it even harder for the company to prove he is guilty or gross misconduct or negligence without any kind of hearing. The bar for gross negligence is pretty high, so if it is just a case of the model not being of a particularly high standard that is not going to cut it. If however he has done something which has seriously undermined the company's finances or reputation there may be more of an argument. If I was him I would demand the remainder of his notice pay, plus his accrued holiday, which he is entitled to.

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