Partner sacked without notice, fair?

[Gooooo]

He's been there just under 2 years, I think a week under 2 years, unfortunately.
It's a zero hours contract he's on but he did have a contract which stated if he wanted holidays/to resign etc. He needed to give notice.
He's also way past his probation period.
Anyway he's been told today he's fired. Understandably he's gutted, what I want to know is are they allowed to fire with immediate effect?
There was no gross misconduct, they were just unhappy with his performance.
We've got bills to pay as has everybody and my salary isn't that high.
They expect notice from employees but doesn't seem to work both ways .

It takes him over the two year period and gives him more rights, including the right to an employment tribunal if he feels he’s been unfairly treated/dismissed. That being the case the employer would need to show that they went through the statutory requirements in disciplinary action before letting him go.

And it will be in this case unless the statutory one weeks’ notice takes him over the two year period. Then he has more than basic rights.

Because if the notice period served takes him over the two years he will have additional rights, including taking the employer to a tribunal if he feels he’s unfairly dismissed.

OP pay attention to what @ChocSaltyBalls is saying. Ignore anyone who's saying it's basically tough.

It sounds like they're trying to use the 2 year loophole and are hoping he doesn't challenge it (or don't really know the rules).

Even if he's entitled to notice it may not take him over the 2 years if they have a PILON clause in the contract and they pay the notice out. If he had a valid tribunal claim the fact he's left one week before the 2 year anniversary INE would not stop a tribunal claim going ahead but you would need legal advice as to the strength of a claim and a copy of all documents.

I’m also thinking the employer would need to give a termination date for the DWP if he intends to register as unemployed - that may clarify things a bit.

Zero hours, they can do what they want.

No they can't

There is nothing to pay for notice 😂

They don't want to have to give him a permanent contract. After 2 years they have to do this.

Jesus, look. It’s about the 2 year rille. Why don’t you get it?

rule

I think a week under 2 years

This is important.

The employer thinks they are being clever in sacking him before his legal rights kick in at 2 years. However your DH has a statutory notice period of 2 weeks and if sacked with 1 week to go he already has his rights.

I would strongly advise that you get onto ACAS asap and get proper advice from them about what you should do. The number is 0300 123 1100

Call ACAS and look at the contract - I have never worked anywhere where you were not paid your notice period if termination was immediate affect,

So sorry this has happened what a shock!

Absolutely not lawful . Did he get any prior official warnings ?

@Gooooo

Honestly best thing you can do is call ACAS as there is some really bad info on this thread. I am sure people mean well but...

0300 123 1100

As he is on a zero hours contract, he may be classed as a worker rather than an employee. If that is the case, some of the advice on this thread is wrong. There is no obligation on the employer to give any notice.

However, if he is classed as an employee, the situation is somewhat different. In that situation, the statutory notice period is 1 week. If that takes him over the 2 years, he is likely to have a case for unfair dismissal. Even if it doesn't, he is entitled to pay in lieu of notice.

@Gooooo I know you said it's not gross misconduct, but maybe there's something he's not telling you.

Again you don’t know this. You need to see his contract before you can decide. The ops words are clear

It's a zero hours contract he's on but he did have a contract which stated if he wanted holidays/to resign etc. He needed to give notice

did have, needed to. Past tense. Zero hours he’s on. Current tense. No statement the current zero hours contract needs notice from either side

No, they can’t.

Without knowing the type of contract, whether he deserved to be dismissed and whether that week was in fact his notice period we can't help OP.

Usually you can't claim unfair dismissal until you have worked somewhere for 2 years, but actually it applies if you are one week shy of 2 years (because by statute you are entitled to one week notice period and that gets added on). Check he is an employee - you can't claim unfair dismissal otherwise. If you can't get unfair dismissal, then you can still claim wrongful dismissal but you will only get notice pay. It's worth trying on both and see what happens. Also, claim holiday pay because you can backclaim this for 2 years and it looks like something fishy is going on.

Gross misconduct ?

@Coldspringtime

I'm sorry I can't make heads or tails of this. It's just gobbledegook.

did have, needed to. Past tense. Zero hours he’s on. Current tense. No statement the current zero hours contract needs notice from either side

That posters suggesting he previously had a contract then moved to zero hours, which isn't what the OP's saying. OP is saying his contract, which he was given when he started the zero hours, said he has notice periods etc.

But some posters do mental gymnastics to be arseholes, rather than a bit of rational thinking to help someone who's stressed.