Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Work

Chat with other users about all things related to working life on our Work forum.

Is this legal?

9 replies

thesockmonsterofdoom · 25/04/2009 08:10

after no formal warnings but an infrmnal review dh was given a letter yesterday with some targets that he has to meet by a review in May.
The targets were not measurable so that in itself worries me, the letter then stated that if these targets are not met his contract will be terminated with immediate effect payment in lieu of notice will be made. The letter stated that he may take someone with him to this review, although this has been the first time this was mentioned and he has not been invitied to take someone with him to either of the reviews he has had.
This letter still does not state that it is a formal warning.
Dh resigned yesterday, so it is not really relevant anymore, i just want to know if what they are doing is legal as I dont think it is.

OP posts:
3cutedarlings · 25/04/2009 11:26

bump

thesockmonsterofdoom · 25/04/2009 12:19

double bump.

OP posts:
3cutedarlings · 25/04/2009 17:04

triple bump

flowerybeanbag · 25/04/2009 19:40

If he's been there more than a year by the time he would be dismissed, then you are right, dismissing him in the circumstances you describe would have been unfair.

3cutedarlings · 25/04/2009 20:20

Just answering for socky, as i know she is having a romantic night tonight LOL

Yes he has worked there for 7.5 years IIRC, when you say unfair flowery do you mean unfair dismissal? or just unfair generally? IYSWIM.

smittenkitten · 25/04/2009 20:30

it would be unfair dismissal. if he resigned after the letter was issued he might (small might) have a claim for constructive dismissal, which is saying the company behaved so unreasonably that he had no choice but to resign.

if he had already decided to go, he's probably just best to move on and focus his energy on something positive.

flowerybeanbag · 26/04/2009 09:25

yes unfair dismissal.

He wouldn't have a claim for constructive dismissal though. It was a threat to dismiss in a set of hypothetical circumstances and with use of would would have been a potentially unfair procedure. A tribunal would certainly expect him to have raised a grievance about it before bringing legal action. A grievance would have given the opportunity for the employer to withdraw the comments and make assurances that any future disciplinary action would be conducted according to a proper procedure.

sallysparkle · 26/04/2009 09:43

ACAS have a really helpful phoneline that will tell him his rights. If you Google ACAS you should find it. My dh was sacked last summer and although they weren't able to help him we at least knew what his rights were and what he was entitled to.

sallysparkle · 26/04/2009 09:45

Here you go. ACAS helpline 08457 47 47 47

New posts on this thread. Refresh page
Swipe left for the next trending thread