Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Flip

1 2

Original poster

Urgent employment q

37 replies

TooTrusting · 14/12/2021 14:12

Sorry to post here but it's urgent.
What employment rights do you have if you've worked somewhere for less than 2 years?
BF's DH has been called to a meeting at 4 and has been told he will be sacked for setting up in competition and poaching clients. This is a lie and there will be no evidence of it.
Can they still sack him with impunity if he's been there less than 2 years? Presumably proper grievance procedures have to be followed?
I've told him to ask if he can take someone with him and try to speak to a lawyer before 4 but I'm worried he won't find anyone to talk to.
BF doesn't know if he's a union member so assume he isn't.
TIA for any suggestions anyone can make.

OP posts:

JackieCollinshasnoauthority · 14/12/2021 14:20

Can they still sack him with impunity if he's been there less than 2 years?

Short version: yes, unless he's being discriminated for one of nine protected characteristics.

Original poster

TooTrusting · 14/12/2021 14:21

Even if the reason for the sacking is untrue and has not been investigated in any way?
I thought so but am hoping to find something he can do to save his job.

OP posts:

Original poster

TooTrusting · 14/12/2021 14:22

In the next 90 minutes 😱

OP posts:

BlueRaincoat1 · 14/12/2021 14:23

Unfortunately JackieCollins is right- service of under 2 years means that a person cannot bring a claim for ordinary unfair dismissal, even if the reason for the dismissal is wrong or objectively unfair. You can be sacked for any reason, unless it is discriminatory on the grounds of a protected characteristic or for example for whistleblowing or a few other particular exceptions.

Justcallmebebes · 14/12/2021 14:26

Yes unfortunately, above posts are correct. You have very few, if any rights with less than 2 years employment unless you can prove discrimination.

Poaching clients would be seen as gross misconduct which is an automatically sackable offence even after 2 years of employment

Justcallmebebes · 14/12/2021 14:27

You could try ringing ACAS just to confirm

HoardingSamphireSaurus · 14/12/2021 14:30

All he can do is tell them they have made a mistake as he has done no such thing.

If they insist he has little, if any, comeback. He could and should then write a letter to the owner/CEO stating that they have made an error and might want to look more closely at the route by which this misinformation came to them.

However, if they repeat any of it to future employers etc THEN he can have at them!

ThelastRolo20 · 14/12/2021 14:30

Agree with all the above. The only other thing you can claim under two years is breach of contract, and there's an implied term of trust and confidence. If they're using a false reason for sacking him without looking into it, gathering his view, he could try that route but it would be difficult for very little gain. Also, if they are trying this I can't see the relationship being that tenable going forward anyway! He can log a grievance as an employee, so he could always try that even after they've sacked him and they should, if they have any morality, work through that process but again, under two years service is more difficult.

MojoMoon · 14/12/2021 14:30

Can he take someone to the meeting with him to make notes?
He may not be in the best frame of mind to remember what is being said accurately

Comefromaway · 14/12/2021 14:31

What employment rights do you have if you've worked somewhere for less than 2 years?

Not many, they can sack you without even giving a reason. You are only protected if it is due to a protected characteristic or something like health and safety whistle blowing/union membership.

MojoMoon · 14/12/2021 14:32

But yes, if they repeat this accusation verbally or in writing to other parties (such as new employers) then he could have a case against them for slander/libel.

He may want to remind them of that

daimbarsatemydogsbone · 14/12/2021 14:53

BTW this is a clear Tory policy - under Labour governments since 1974 it has always been only six months until you qualify for rights - the Tories always extend it to two years.

Alpinechalet · 14/12/2021 14:56

Get him to take a colleague or TU rep to take notes.

What is his actual length of service to date and what is his contractual notice period? For example, If he has 1 year 11 months and one weeks service and a notice period of 1 month he would have 2 years service. Even if they try to do PILON he would still be entitled to the months notice.

MissMinutes24 · 14/12/2021 14:58

Tell him to secretly record the meeting. Even if he can't use the recording itself he can listen back to it for his own notes.

Hoppinggreen · 14/12/2021 15:05

Maybe one of the experts can confirm but I think they can just sack him before 2 years unless there is discrimination of one of the Protected Characteristics.
Obviously he should ask for their proof but they don’t actually need to give any
I suppose it they broadcast anything untrue to the wider community or put in a company email anything not true he could with the right evidence look at getting a Solicitor involved but it won’t get him his job back

MissMinutes24 · 14/12/2021 15:06

@daimbarsatemydogsbone

BTW this is a clear Tory policy - under Labour governments since 1974 it has always been only six months until you qualify for rights - the Tories always extend it to two years.

The qualifying period was 1 year until 2011 - Tories only came in in 2010 so presumably it was under a Lab gvt it was increased from 6 months to 1 yr

HollyBollyBooBoo · 14/12/2021 15:10

Sadly very few rights unless you're being discriminated against.

They don't have to tell him anything I don't believe but make sure he asks as many questions as possible as to where this info has come from.

catgirl1976 · 14/12/2021 15:15

Few rights but look up "Wrongful dismissal" (as opposed to unfair) as length of service not required (but limited recourse, usually notice)

If no discrimination then no unfair dismissal possible but do check if its wrongful dismissal which it may be if proper process not followed

Danikm151 · 14/12/2021 15:17

2 years for any reason other than discrimination. They can simply say, we don't need you anymore and that's that. Other companies may have their own procedures(some contracts saying 6 months) the fact that they are giving a meeting is a positive

CorrBlimeyGG · 14/12/2021 15:23

@MissMinutes24 Wrong. Thatcher increased it from six months to a year, then to two years in 1985. Labour then reduced the term in 1999.

BridStar · 14/12/2021 15:29

Unless you know everything about your "Bf's DH" I don't see how you can claim it's a lie. It would be a very odd lie to tell. They could ditch him on performance if he's really useless. Sounds like he's set up a company and is poaching clients.

LonginesPrime · 14/12/2021 15:37

has been told he will be sacked for setting up in competition and poaching clients. This is a lie and there will be no evidence of it.

Why would they tell such a random lie if he's been there under 2 years though?

If he says this is a complete lie, what does he think is the real reason they want him out?

Movinghouseatlast · 14/12/2021 15:41

Unless it is discrimination he has no rights. It is so bloody unfair. A Dave Cameron change if I remember correctly.

Self employed people have no rights full stop.

Original poster

TooTrusting · 14/12/2021 15:48

@LonginesPrime

has been told he will be sacked for setting up in competition and poaching clients. This is a lie and there will be no evidence of it.

Why would they tell such a random lie if he's been there under 2 years though?

If he says this is a complete lie, what does he think is the real reason they want him out?

He thinks it is malicious

OP posts:

Original poster

TooTrusting · 14/12/2021 15:51

Thank you all, really useful comments which I'll pass on.
He absolutely isn't taking any steps to set up in competition (I know him well too), he can only assume it's a malicious claim by a fellow manager who appears to dislike him. He accepts if it were true then a sacking would be a reasonable step for the company to take.

OP posts:

Flip

1 2