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Anyone able to advise on employment law?

5 replies

EverythingCounts · 01/12/2009 10:43

Or to recommend someone to advise on this in the north west? A friend needs help, dismissal threatened but without any disciplinary procedures having been instigated beforehand, and is under a year in the job so would not be able to claim unfair dismissal. Any advice gratefully received - thanks.

OP posts:
EverythingCounts · 01/12/2009 12:52

Bump..anybody?

OP posts:
salsmum · 01/12/2009 13:01

EC, Is your friend in a union? if so I strongly advise her to speak to them or go to citizens advice. Unfortunatly I am going through much the same at the moment . From what I've learnt the first year in a job is a 'probationary period' and you can be dismissed as 'unsuitable for the job'. If you are 'casual worker' you can be suspended without pay BUT I think by law a full investigation should be carried out to reach a fair and equal decision please tell your friend I wish her luck x

dilbertina · 01/12/2009 13:06

Try posting in employment issues. From my limited knowledge I'm afraid I don't think she has much protection if in job less than a year. whilst it is good practice for a company to have adequate disciplinary procedures and to follow them, she will not be able to go to an employment tribunal under a year. (Unless there is an element of sexual/racial discrimimation...) Perhaps she could ask for advice at Citizens advice?

EverythingCounts · 01/12/2009 13:15

Thanks dlibertina and salsmum - and good luck to you too, salsmum.

She's not in a union, no. Is looking for a solicitor - I posted a request for recommendations in employment issues but might go back and ask about the problem itself. Don't think it would work as a discrimination case either. Might be worth speaking to Citizens Advice though. Thanks again. They have basically offered her a couple of months pay to go now, so I figured they were scared of a tribunal for wrongful dismissal but they know she would want to avoid that too and not scare off future employers.

OP posts:
backintheUK · 01/12/2009 13:18

She should check under her home insurance - most providers offer a legal helpline. My DH used this several years ago and was great at the early stages to understand what was happening.

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