Sacked for domestic abuse!

[Lindtballsrock]

So I have been shocked to find out that one of my friends has lost her job, because she is a victim of domestic abuse. Her partner is an awful human being, who goes through this cycle of being extremely physically abusive, and then convincing her not to leave him by being all apologetic and full of promises that it won't happen again. She has alluded also to him having made threats that if she leaves he will 'find her' and I think she is really scared of him.

She ended up telling her employer about the abusive relationship because she needed to request a specific day off (finally she has made contact with a domestic abuse charity and they can see her that day). Her employer said that he's really sorry but he doesn't want someone who 'gets involved in this kind of situation' working for his company, and he thinks that she will not be a reliable employee so he has given her notice to that she is being sacked in a month!

She's worked there for 7 months and had passed her probation no problems last month, but apparently she has no legal right to challenge the employer because employers are allowed to discriminate against you for reasons to do with domestic abuse.

AIBU to think this is crazy and that it shouldn't be allowed?

There are some things employers cannot discriminate against - like pregnancy, disability, race etc. I think domestic abuse should be included in that list. Since getting involved in my friends situation I have seen there is a petition to get this law changed, link below if anyone is interested. Apparently the government are consulting at the moment on how domestic abuse victims can be better supported at work so it seems like they do recognise there is a problem. I just hope something changes because this is awful.

www.change.org/Protect_domestic_abuse_survivors

I have no knowledge on the laws around this but surely that has to count as unfair dismissal? The poor women, what kind of a cunt would fire someone so callously like that

She is being punished for being a victim. This is outrageous.

Even though I agree this is super cuntish thing to do and it shouldn't happen, I don't think victim of DV should be a protected characteristic. Sorry.

It is outrageous yes. I am wondering whether this is a “characteristic” in the same way that the other characteristics are, but nevertheless I have signed the petition.

As it stands, legally I also cannot see that your friend has any comeback. At least she will no longer be with an awful employer.

Don’t suppose she has that in writing does she? She should get it in writing then claim unfair dismissal. Nasty compNy. Can she diesel to someone more senior? I’m sure they’d be horrified.

Well I would strongly argue it is in fact indirect discrimination on the grounds of gender (which is a protected characteristic) as a woman is significantly more likely to be the victim of domestic abuse than a man. So is protected even on the first 2 years of employment. Generally speaking employment tribunals are relatively in favour of employees. I would ask her boss to put the reason in writing and then take him to an employment tribunal and I would be stunned if she lost (with a decent lawyer).

If she’s not been working there for two years she has not rights, essentially.

No rights

@AryaStarkWolf

I have no knowledge on the laws around this but surely that has to count as unfair dismissal? The poor women, what kind of a cunt would fire someone so callously like that

She has not been there long enough to claim unfair dismissal.

She could only do that if there were discrimination due to one of the protected characteristics. In that case the usual minimum time period does not apply.

@AlwaysCheddar

Don’t suppose she has that in writing does she? She should get it in writing then claim unfair dismissal. Nasty compNy. Can she diesel to someone more senior? I’m sure they’d be horrified.

Not after only being there seven months!

You can't just sack people. Acas will know the rules. Meanwhile if she keeps going back she's the architect of her own misery. Sadly that's why people like him have this attitude - because they see the long and dragged out problems.

But he's a cunt. She needs another job right now and I think she should consider moving away too. Suing will have to wait as you can't physically force someone to let you work for them.

I hope you’ll update us when your friend gets a resolution? Sorry to hear this story. I went through an awful time too and eventually lost my job as I was too ill to work. I am working again now but struggled with references for a while until I’d had a year’s employment.

If I were her I would contact ACAS or CAB to get some guidance about whether she could have some claim against the employer. It's really shitty they added this on top of already stressful situation. Really shitty

That's what I thought, but apparently you can just sack people! As long as not because of a 'protected characteristic' (which being a domestic abuse victim isn't, and if you have less than two years service then they can sack you for any reason at all. All shes entitled to is her months notice which they have given her.

Is she in a union?

As she has been there under 2 years, she cannot claim unfair dismissal as she has not completed the qualifying period.

Being a victim of DV is not a protected characteristic.

Her employer is a shit, but they are within their rights to give notice under these circumstances.

Tbh it sounds like her boss is the sane kind of monster as her partner anyway so she has had a lucky escape. What kind of utter bellend shits on someone in their time of need like that?

But be aware you are only getting her half of the story. Perhaps she has taken several days off in the past because of this or there have been other issues with her work and this was just the straw that broke the cammels back.

I suppose it means hopefully she could have a complete fresh start. Leave him and her job and go and reinvent herself y'know. Hopefully.

Not a lawyer, but it sounds like a kind of indirect sex discrimination to me, as women are more likely to be the victims of domestic violence. Might be worth her having a chat with ACAS.

Shamoo

Gender isn't a protected characteristic, sex is.

Capitalism is great, isn't it?

I agree with PP that it would be worth pursuing being a woman as a protected characteristic, in the sale way that employers can't discriminate against PT workers because they are more likely to be women. She should talk to ACAS.

Morally wrong, but legally I can’t see that the employer has done anything wrong.

Interesting that people are saying that domestic abuse should be a protected characteristic. What would qualify someone for this? A legal conviction? Self declaration?

@Lindtballsrock please advise your friend to consult an employment solicitor for advice, ideally one that specialises in Equality issues. As adult victims of domestic abuse are predominantly female, this may well constitute indirect sex discrimination. If she thinks she can’t afford it, she could try a free 30 minute consultation or try a helpline like women’s aid. It may (of course) be hard to prove but possibly being able to challenge the horrible employer will give your friend alternatives.

IANAL but have been involved in a lot of discrimination issues - please get proper legal advice. Maybe re-post in Legal too.

Also more info here on domestic abuse from women’s aid www.womensaid.org.uk/information-support/what-is-domestic-abuse/domestic-abuse-is-a-gendered-crime/

Signed.

Maybe the law should be that having passed your probation period you can't just be sacked without just reason.

As we dont know the ins and outs from the employers perspective I will say on the surface it's not reasonable but you may not have the full story.