adult dd has just been sacked (possibly illegally) without any warning

[Stripetulip]

My daughter in her mid 30s has been just been sacked from her fairly senior role at her company. This came with no warning whatsoever. She had been doing well there (or so she thought), got on well with her colleagues and was planning strategy for the next financial year ahead.

Exact a month to the day before she reaches her two year anniversary of employment, she's called in and told they are letting her go. Some fluff about 'refreshing the team' and that is that.

The timing of this seems dodgy as hell to me. However, her notice period (one month) pushes her just over the two year mark - so does this count? I know that if she's gone over two years, they should have followed formal dismissal procedures, which they didn't.

She is yet to get to the bottom of why exactly they are letting her go. They have hired in someone senior to her (on a far bigger salary) so she suspects it might be to do with budgets. However, it wasn't the new colleague who was behind the sacking, it came from further up the chain from that.

DD is focused on finding a new job as quickly as possible, but this won't happen overnight and I think if they want her to leave quickly, without following proper procedure, they should be offering her some kind of severance package, not just paying her until the end of her notice period?

She ought to speak to an employment solicitor

How tight are the timings? Contractual notice period will not qualify in terms of taking her over the two year mark however, a statutory one week notice period that everyone is entitled to would take her over the two year period.
Philip Landau employment lawyers website is a very good source of employment law info if that helps.

landaulaw.co.uk/faqs/what-is-the-qualifying-period-for-an-unfair-dismissal-claim/

I agree with @MandyMotherOfBrian. There was quite a long thread on here a couple of weeks ago about a similar situation. If she is one month short of the two years, then it's legal unless she thinks she has been sacked because of a protected characteristic, because the statutory notice period is 1 week, despite her contractual notice period being 1 month.

This is correct.

Unfortunately OP it’s completely legal, and worryingly it seems a lot of company’s are now doing this to essentially avoid employees ever having these rights.

Thank you for this, that link that outlines the law is very helpful. I am confused by this part though -

If your employer opts you pay you in lieu of notice, and gives that notice earlier than 23 months and 3 weeks, with your last day of employment falling within the 23 months and 3 week window, you would not be afforded unfair dismissal protection.
If that notice takes you over the 2 years, however, then you will qualify in being able to make a claim.

As I understand it, they are not 'paying her in lieu' of notice - she is still employed by them until the end of her notice period.

They gave her notice at exactly 23 months. She is still technically employed by them for another month. Her contract noticed period will mean she has been working for them for 24 months...so does she qualify?

@Stripetulip yes, if she is working her notice or on garden leave and therefore her termination date is after her second anniversary then she would qualify for unfair dismissal protection

I think she has the right idea, getting another job as quickly as possible and putting this behind her.

No OP she doesn’t. Speak to ACAS who will confirm this.

The contractual notice period is not what is important date wise, the statutory notice period is. So if she had been employed for 1 year 11 months and 3 weeks and the statutory 1 week notice took her over 2 years then it would count. Because she is a month off, the 1 week still keeps her under, the contractual notice is for that purpose irrelevant.

If I was in my mid 30s and being let go from a "senior role" I would be absolutely mortified if my interfering mum was posting all the details on the internet.

I have no practical help to offer, just my very strong suspicion that this is becoming increasingly common as a way for employers to suck the most juice out of their employees for the least cost.

It will absolutely NOT be because your DD has failed in any way. It is a symptom of a dehumanised economy that puts profits before people.

I agree. Her employers are clearly dodgy af. The emotional cost of bringing a claim would be high and there is no guarantee of success. She is better off leaving them behind and focusing on her future.

I feel for your daughter. However it sounds like they may be technically able to do this. But even if they can’t, Id get your daughter to work out using an online calculator what she would be awarded compensation wise if she were to succeed at tribunal (2 x max £643 probably depending on her circumstances) and then decide if that is worth it — or? Whether better to just move on quickly with a new role.

This is correct. It's a shit thing for them to do, but your DD is correct in getting right on with job applications. I hope she finds a better employer soon.

@HermioneWeasley - yes as I understand it she is on paid gardening leave, and when this comes to an end she will be (just!) over the two year mark. So you think this makes her eligible, but @Mrsttcno1 you disagree?

@seathewayahead - I think rather than taking it to a tribunal or anything, I was thinking she might be able to negotiate some type of settlement package beyond what they are offering (which is basically notice and any untaken holiday). The company is established and very well backed, it's not like they couldn't afford a proper payoff if they want her to go quickly.

@ClawedButler - thank you 😘

@BreakfastAtMimis - not sure why you're so snitty? Poor girl is in a total spin and I've seen people on here offering brilliant, knowledgable advice before. I have no knowledge of employment law, so thought I would ask.

Oh God this is so common. Lovely people I know have been let go from ASOS, Hush, Royal Mail, local papers, just before the two year anniversary. Wankers.

@Neverpostagain - really? How awful. At least she can take comfort in that she's not alone, I suppose!

Yes sadly OP this doesn’t count for her as its just her contractual notice, they have told her today (prior to 2 years and still within 2 years with the statutory week notice), a quick call to ACAS will confirm that for you. It’s rubbish of them but it’s not illegal

The only good news here is she will get an extra month of money if she doesn't have to work her notice period

Awww, so sorry to hear you’ve got an interfering mum, must be awful.
Luckily for OPs daughter she’s clearly got a mum who cares about her and wants to try to help.

@Mrsttcno1 - ok thank you. I'm not doubting you at all... but does this effectively mean contractual notice periods are slightly meaningless then? She's still an employee of this company until her contract ends...wouldn't that be like a contract stating an employee was entitled to a certain amount of maternity pay under terms of the contract, say, but then the employer later saying 'you are only given statutory pay'?

sorry to post twice!

Nothings enforceable within the two year period if the are getting rid of you, unless - as a PP already stated - it’s a case of discrimination against a protected characteristic. I don’t suppose she falls in to that group does she?

Does your daughter know you are posting this?

Who cares whether she knows - it's fucking anonymous !

No one can work out who it is for fucks sake !!!