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Original poster

Partner sacked without notice, fair?

112 replies

Gooooo · 03/04/2023 11:55

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 .

OP posts:
TiaraBoo · 04/04/2023 21:22

Did he actually pass his probation period? Or did he have it extended?
If they were unhappy with his performance, hopefully it was raised with him and a plan put into place but he could be telling you anything.

askmenow · 05/04/2023 03:11

FloydPepper · 03/04/2023 13:07

OP listen to @ChocSaltyBalls and @Baabaa75 . They know what they are talking about. Lots of other posters are not correct and not understanding the law.

Exactly this. 👆
He may be entitled to some money which will tide him over til he gets another job. Good luck OP.

wordonthestreetisthat · 05/04/2023 03:43

Call me cynical, but aren't there certain additional rights that he automatically becomes entitled to after two years?

Is this why he has been laid off a week before his two year anniversary?

DotAndCarryOne2 · 05/04/2023 08:07

wordonthestreetisthat · 05/04/2023 03:43

Call me cynical, but aren't there certain additional rights that he automatically becomes entitled to after two years?

Is this why he has been laid off a week before his two year anniversary?

Rtft

DotAndCarryOne2 · 05/04/2023 08:11

FloydPepper · 03/04/2023 15:35

You heard of statutory notice?

liok, you’re correct in that we haven’t seen the contract, but it’s bonkers to just say there’s nothing that can be done when, in all probability, there is.

Show quote history

Statutory notice doesn’t apply to zero hours contracts unless there is something specifically written into the contract of employment. Neither side needs to give notice.

T1Dmama · 05/04/2023 08:13

Tell him to get himself down to the local supermarkets to apply for jobs, or agency work.

DotAndCarryOne2 · 05/04/2023 08:13

TiaraBoo · 04/04/2023 21:22

Did he actually pass his probation period? Or did he have it extended?
If they were unhappy with his performance, hopefully it was raised with him and a plan put into place but he could be telling you anything.

If the employer is using zero hours contracts they’re unlikely to be following best practise when it comes to disciplinary procedures.

Sewannoying · 05/04/2023 09:25

DotAndCarryOne2 · 05/04/2023 08:11

Statutory notice doesn’t apply to zero hours contracts unless there is something specifically written into the contract of employment. Neither side needs to give notice.

Show quote history

It does apply if they are an employee. While most people with zero hours contracts will be workers (and so not entitled to statutory notice), it’s possible to have a zero hours contract and be an employee. And if you are an employee you are entitled to statutory notice. Therefore it should be checked.

sashadjas · 06/04/2023 06:04

@Coldspringtime ooo, are you Donald Trump? Y'know, embarrassingly arguing you're right in the face of overwhelming evidence to the contrary....
ACAS all the feckin way, OP, those posting the links know their stuff, or at least know how to look for it properly!

GemGemGemGemGemGem · 12/04/2023 20:31

There is no point wasting a minute of your time looking into the legality of this. It’s a zero hours contract, it’s worth nothing and they can just stop his hours indefinitely without giving a single reason. When he gets another job, make sure he negotiates better terms on his contract, ie. 40 hours and 30 days notice on both sides as a minimum. I’m really sorry it happened though!

pam290358 · 12/04/2023 20:44

GemGemGemGemGemGem · 12/04/2023 20:31

There is no point wasting a minute of your time looking into the legality of this. It’s a zero hours contract, it’s worth nothing and they can just stop his hours indefinitely without giving a single reason. When he gets another job, make sure he negotiates better terms on his contract, ie. 40 hours and 30 days notice on both sides as a minimum. I’m really sorry it happened though!

Why not ? If he’s classed as an employee he will be entitled to notice, which will take him over the two year mark and he’ll have more rights - including whether he’s been treated fairly regarding disciplinary procedures.

Drusillagobwitch · 12/04/2023 20:47

It might be best to get legal advice on this, as it depends on the Contract of Employment.
Is he in a Trade Union?

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