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

What a way to kick someone when they're down this is appalling.

Indirect discrimination 100%

Women are far more likely to be the victims of domestic abuse. She does not need 2 years service to bring a discrimination based unfair dismissal claim. She needs to see an employment solicitor - most will give her a free half an hour and she may be covered for costs on her home / mortgage insurance.

I definitely don't think you are being unreasonable. As many others have said your friend should also get some independent expert employment advice about amongst other things unfair dismissal. I really, really hope it all works out for her and she gets out of her situation.

There are better employers than this out there. When this current crisis is over for her, hopefully she'll find one who values their employees and understands that healthy, secure employees are a firms greatest asset.

I agree with those who suggest legal advice.

The only reason why I would not wish to know the company involved is that it could place the OP in a more vulnerable position. Most of us if not all of us would never want to buy anything from a company that was homophobic and likewise would not from somewhere where seeking help from domestic abuse led to dismissal.

Is it because she will need a lot of days off that she was sacked, not because of the domestic abuse per se?

@SentientAndCognisant

⬆️ Yes indeed Essentially the Tories have stripped,eroded employment rights and access to legal aid and early legal help has been decimated

Perhaps they were emboldened by the Blair government's war on disabled people.

Somebody on the first page of this thread suggested victims of DA are to blame for not leaving. They are at highest risk of being killed in the first year after leaving.

Leaving is not an easy thing to do for many reasons including financial (not helped by bosses like the one discussed on this thread...), housing, trauma, and fear.

Some employers have policies about this.
Sounds like this didn't kick in for your friend sadly.
But if you went higher up and found out what the policy is maybe at HQ of the organisation you might have grounds or possibiliites of
showing that it went against policy.

I can't imagine that your friend is in great shape emotionally though.
GP visit needed. Documentation of what is happening in case of claim for UCredit.

As others have said under 2 years no rights... However, she could contact her employer and say that unless she is taken back she will go to the press with the story and name the boss who fired her... Thats normally enough to scare a company

@SheepandCow
This has absolutely nothing to do with Tony Blair, can’t see why you’re introducing it as a link. No link exists

I’m referring to the cuts to legal aid, early legal help

2012 The employment legislation changed an employee cannot bring a claim for unfair dismissal if employed less than 2 years. The qualifying period to bring a claim for unfair dismissal increased from one to two years

2013 under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) access to legal aid became means tested
The scope & breadth of eligibility was decreased. This impacted upon claims related to employment,housing,welfare and employment. Benefits, debt and housing cases are also ineligible. Disproportionately affected poor & disadvantaged people
Solicitor Fees were cut too

Employment tribunal fees introduced 2013, Supreme Court ruling in July 2017 that the fee system was unlawful. 2020 There are suggestions that Employment Tribunal Fees May be reintroduced for tribunals, a barrier that will prejudice & dissuade claims

Caveat: not an employment lawyer. I think this poor woman should take legal advice. This sounds like indirect discrimination to me on the basis of gender.

@SentientAndCognisant I don't want to derail this thread with a political discussion (unless OP wants to) so I'll leave you all to it, but I believe it very much does have a link to the Blair government. Their attacks on disabled people started the slippery slope of dismantling protections for more vulnerable members of our society. So we go from benefit 'reforms' to legal aid cuts. It's all linked. Once you start on one area of protection it's much easier to go on to the next.

She needs legal advice. I think the Citizens Advice Bureau would be a good place to start and they sometimes have pro bono lawyers. I am not sure, but this may be sex discrimination because domestic violence disproportionately affects women. It is worth finding out. Though I think she needs to start job hunting too.

Banging on about TBlair really does not cut it and more importantly let’s tories off hook

Shamoo was wrong about gender being a protected characteristic (and it does matter) but absolutely right about everything else.
You can make a claim of discrimination if the "thing" that happened to you overwhelming affects people with a protected characteristic more than others. But it is not guaranteed to succeed and I wouldn't try it without a union tbh. Well, I might put in a formal complaint as it might shake the employer up a bit and make him reconsider.

Employees can only claim unfair dismissal against an employer if they have a minimum of two years’ service.

In 2012, the qualifying period increased from one to two years. There should have been a lot more protest then.

Thanks again for all the useful advice here, I am passing it on but as I said I’m not sure she has the energy to fight it effectively alone. That’s why I’m hoping eventually the law might provide some clear protection for employees who being abused, as that might stop situations like these from arising in the first place.

@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

This is DEFINITELY unfair dismissal.

The guidance states "your dismissal could be unfair if your employer does not have a good reason for dismissing you". You being a DV victim is not "a good reason for dismissing you". You must have worked for your employer for a minimum period before you qualify for the right to claim unfair dismissal at a tribunal. If you’re classed as an employee and started your job on or after 6 April 2012 - the qualifying period is normally 2 years. If it was before 6 April 2012 - the qualifying period is normally 1 year.

@SentientAndCognisant

Banging on about TBlair really does not cut it and more importantly let’s tories off hook

Why does it let them off the hook? Just because one did wrong doesn't necessarily mean the other did right. Your enemy's enemy is not always your friend.

OP I really hope your friend gets the help and support she needs and deserves. Both from the DA charity, and also from a good solicitor re potential unfair dismissal due to indirect sex discrimination.

Who does she work for? Let’s name and shame them!

@LouiseTrees

Who does she work for? Let’s name and shame them!

Do not do this.

To the pp who posted about unfair dismissal, the lady hasn’t worked for the employer long enough

Sorry for being a little late to this party, but you're getting a lot of conflicting advice here, so I'll add mine as an HR Manager with 30+ years experience.
While you generally cannot claim unfair dismissal with less that 2 year's service there are several exceptions including those defined by the Equalities Act 2010 (those exceptions include Health and Safety, TU membership). Critically, for your friend the key point is that disproportionately more women are victims of DA/DV and therefore a practice which treat those victims less favourably that others could be regarded as indirect discrimination by an Employment Tribunal.
ETs are now free to access.
You have never been able to claim for legal aid for ET cases as they are supposed to be 'informal' courts with access to all. This doesn't stop employers paying for solicitors and the odds are often against the employee.
Historically, the amount of service needed to claim unfair dismissal has varied between 1 and 2 years. It's true that the tories have favoured 2 years, but there have been plenty of opportunities for Labour governments to abolish this requirement and they never chose to do so. (That is the first and last time I will defend the Conservatives. )

She’s asked me not to name the, so I won’t. It’s not a well known company anyway. Hopefully she will get another job but not easy at the moment, and if she does she will definitely think twice now about telling them what’s going on for her 😟

Jeeeezus that is disgraceful!!

I say name, shame and take to the press.

This absolute twunt of an employer needs to feel the wrath of every single one of us.

Do they have a Twitter account, and if so is she brave enough to go public?

I agree that the gender argument would be worth pursuing. Get your friend to speak to ACAS for advice.

Just a thought. Perhaps the domestic abuse charity might be able to help her. They usually have links to family solicitors but might know of other sources of legal help. Also the family solicitor might be able to recommend a good employment solicitor.

It might also be worth her writing to her MP about the issue. Perhaps the charity might help her with the letter.

I'm sure she already knows, but remind her to ask solicitors and MP to only correspond by email and not in writing whilst she's still living with the abuser.