Sacked with immediate effect?

[Sherloidbaisherloid]

Does anyone have any experience of employment law/rights? Close friend went to work today to be told she was being dismissed with immediate effect as her performance wasn’t what it should be. Can an employer do this? I don’t know if there have been previous meetings or warnings. She says no but surely there must have been? She hasn’t been allowed to even work a notice period. She is really stressing out so I said I would post on here to see if anyone has any advice? Thank you

my understanding is that it was Vince Cable who is responsible for this piece of legislation? - am I wrong? I know he has made it harder to bring an action for unfair dismissal.

Dunno if it was Cable but it was def during the coalition govt. They didn't make it harder to bring unfair dismissal claims as such - they increased the wait period from one to two years and they introduced tribunal fees which have now been abolished as they were unlawful.

Unless she's been there two years she has no rights at all unfortunately

This is not true and people really should stop saying it.

There are over 70 claims that can be brought from day one, including automatic unfair dismissal (of which there are a large number of varieties), breach of various statutory rights (such as not paying min wage), all the discrimination claims and wrongful dismissal/breach of contract.

What you cannot do is bring a straightforward claim for unfair dismissal.

The person in this case needs to ensure their notice period is paid as they have been told they cannot work it, they are still entitled to it. If they have not been paid it then ACAS can approach the employer and explain this and it will be paid.

at “rounding up” service to reach two years!

What Glovesick means by rounding up is that you can add on your one week’s statutory notice period to the date of dismissal and if that takes you over the two year mark then you’re playing by different rules. Doesn’t apply if you’ve been sacked on the spot for bona fide gross misconduct.

I’m sure Glovesick can explain herself if that is indeed what she meant, which is by no means clear at all.

I suggest that you contact ACAS for advise. They are brilliant.
0800 470 8620

You can round up by 1 week unless you are summarily dismissed for gross misconduct by virtue of the deeming provision under section 97(2) Employment Rights Act 1996 which extends the length of service by the statutory minimum notice period provided by section 86(1).

Maybe don't ridicule what people say unless you ACTUALLY know what you are talking about.

For those who are interested this is explained well in LANCASTER & DUKE LIMITED v WILEMAN UKEAT/0256/17/LA