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'd be careful op - it's possible that this will get picked up by the press.

@CandyLeBonBon

I'd be careful op - it's possible that this will get picked up by the press.

Agree

Those pps who have relevant qualifications and experience have already stated that whilst the employer's decision is appalling, it is also legal. I think it's also worth pointing out that even if the tories hadn't changed the qualifying period in 2012, the OP's friend still wouldn't have met the previous qualifying period requirement of 1 year.
I hope that the loss of her job does not make her subject to further dv.

You can't be sued if what you said was truthful.

Quite aside from the power of injunctions (which can make publishing the truth unlawful) you've obviously not been keeping up with developments in Scotland (coming to England later) about not being allowed to call a woman a woman even if it's "true".

(Also disclosing a truth under the Rehabilitation of Offenders act can be unlawful)

[quote 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[/quote]
Sounds like there may be other issues and this is just the straw that broke the camel’s back so to speak. Contact ACAS and see what they say - potential to whistleblow her experience to the CEO if it’s a big company.

@CandyLeBonBon

I'd be careful op - it's possible that this will get picked up by the press.

I hope you're wrong. I know some (but not all) in the media have no morals, but if they run this, they're putting a vulnerable women's life at risk. She's still with her abusive husband. Highly irresponsible.

@Shamoo

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).

I think this probably sums it all up. She should seek a meeting with an employment lawyer ASAP.

@WellThisIsShit’s detsiled post is insightful and one I would urge the OP and others to read

Focus focus focus.

All this talk of pursuing legal action and court cases in incredibly flimsy legal grounds against an employer who will be able to afford much better legal representation?

Well, among other things, it’s a distraction from the main event, which is escaping from an abusive relationship.

I think she needs to keep her focus on getting away from the abusive man, not getting side tracked into battles against other ‘enemies’.

Not unless it’s going to help her with her escape plan.

It can be tempting to go after other ‘easier’ battles in your life, than the big bad scary one that you’re trying to avoid. Especially if your man shows some signs of supporting you in this endeveour... Oh it really can be so tempting to be fighting against Someone who is behaving in an abusive / unfair etc way. But it’s a diversion.

What might really help her is getting counselling that is more specialised than the general ‘listening and echoing back’ type of service.

A counsellor who helps her create an action plan and then by talking to her each session, helps her swim through the mire of confusion, difficulties and mess to keep steadily making little steps towards getting out.

I speak from personal experience.

I would be tempted to inform him that 'did he know there was a campaign to make domestic violence victims a protected category in law and that the campaign group are interested in using her story in the media? I hope you don't mind the business and your name being used? Just watch the colour drain from his face

I’m sorry - but frankly the most likely reaction. this piece of fiction is likely to elicit is an eye roll or dismissive snort. As another poster said, he never said it, covid, blah, blah, blah, her word against is.

I would be tempted to inform him that 'did he know there was a campaign to make domestic violence victims a protected category in law and that the campaign group are interested in using her story in the media? I hope you don't mind the business and your name being used? Just watch the colour drain from his face

⬆️Sorry but that’s fantasy and hyperbole. A made up scenario that in no way is helpful. An employer who’s going to sack someone isn’t going To respond to empty daft threats. What if he asks the details of the “campaign group” asks for more detail?

It really is not helpful to invent sassy confrontations that bear no relation to reality. Have no legal basis and are a mere confection in the posters mind.

She has only been there 7 months her employer is within their rights unfortunately. Only reason I voted YABU.

@PronounssheRa

Shamoo

Gender isn't a protected characteristic, sex is.

Actually, yes it is. But do bore us all with your shoehorned in trans hatred.

Why is it trans hated to mention sex?
Gender and sex are two different things. Pointing that out isn't 'hate' against either.

Gender is not a protected characteristic, sex is.

Potentially there could be a claim for sex discrimination in the same way as there would be for failure to consider part-time working as it disproportionately affects women.

However even that is uncertain. If the wording is he sacked her for being involved in DV, he’s not actually saying he’s sacking her for being the victim of DV just being involved. One could say as many men as women are ‘involved’.

Doesn’t mean I agree with it but I would suggest a free consultation with a specialist employment solicitor or women’s advocacy group. They may feel it’s too much of a reach but it’s worth asking.

(Gender reassignment is a protected characteristic but not gender).

@toconclude gender identity is mentioned, as is sex. No hate there.

Busy that I mean that discrimination on the basis of your gender identity is illegal. Do is discrimination based on your biological sex.

Sorry for useless fat fingers that won't text properly

@Vodkacranberryplease

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.

The architect of her own misery??? Maybe she’s so browbeaten she just hasn’t had the mental or physical energy, let alone the financial ability to leave. Saying that makes it sound like she wants to be a victim.

Toconclude - you're simply wrong.
Nor is gender identity a protected characteristic.
Here they are:
Age, disability, race & ethnicity, pregnancy & maternity, marriage and civil partnership, gender reassignment, sex, sexual orientation, religion or belief.

Peabody Housing trust punished my sister for being a victim. Not to mention they are also racist.

I'm sorry for your sister. It happens and its disgusting. All the company has to do is pretend to be a charity.

Sounds too outrageous to be true sorry. Did you feel she was being truthful or not when she told you?

Have her talk to a lawyer about both unfair dismissal and UNLAWFUL dismissal.

In Australia, lawyers on the no-win-no-pay circuit don't know the difference between the two. You need to find a laywer that does.
Unless you have an Industrial Relations tribunal in your country.

But first steps, contact the industry ombudsman for advice and next steps. Best case she will get a payout of a few months wages.
For future, just say nothing to any employer.
I got sacked from my govt job for being the victim of long term bullying. So it happens a lot.

@JessicaBlack101

Have her talk to a lawyer about both unfair dismissal and UNLAWFUL dismissal. In Australia, lawyers on the no-win-no-pay circuit don't know the difference between the two. You need to find a laywer that does. Unless you have an Industrial Relations tribunal in your country. But first steps, contact the industry ombudsman for advice and next steps. Best case she will get a payout of a few months wages. For future, just say nothing to any employer. I got sacked from my govt job for being the victim of long term bullying. So it happens a lot.

This is In the U.K.

The situation has been explained, at length.

Capitalism is great, isn't it?

Indeed. We'd be much better following the lead of the Chinese. Or maybe Stalin/Lenin.

It's a shit situation, but honestly I think she'd maybe be better focusing on getting out of the relationship than focusing on the job. What if she needs to take further days off?