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A friend as been sacked - any advice?

6 replies

giveitago · 30/03/2010 16:43

I got the call today - the basics are this - she's been in the job 8 months, passed her probationary period at 6 months.

She was sacked with one month's notice yesterday - recruitment for a replacement has already happened (prior to the sacking) and the expectation is that the new person starts - she gives her a handover period thingy and then leaves - if she just leaves ie walks out, she's been threatened with a a bad reference.

Reason for sacking - her standard of English. This is the first she's heard of it and it was also noted that she was good at all other aspects of job just the english (which you think would have been picked up much earlier).

I think that you have very little rights in your first year of work? It sounds like the employer has acted pretty badly but nothing outside the law - is that right?

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LaurieFairyCake · 30/03/2010 16:47

that is correct.

pretty cutthroat though - they must think it's worth the time and cost to recruit someone else (and that they'll get a much better candidate sue to the economy)

Sorry for your friend though. If I was her i might offer to take extra English lessons to keep her job (they do them free at a centre I work at)

giveitago · 30/03/2010 17:07

Yes I thought as much - it was very shoddy but I don't think she can do anything - in fact - would you ever want to really? Nasty but there you go - I think they liked her and knew her english wasn'out all that but could still do the job well,used her and then move on.

I do think that we can all expect to be sacked or made redundant in our lifetime. Horrble though.

Thank you.

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flowerybeanbag · 30/03/2010 17:21

You do have few rights, but protection against discrimination is one of them, and if there is discrimination involved then you can claim unfair dismissal from day one.

Are they justified in saying a good standard of English is essential for the job, and is it fair to say your friend's English isn't good enough really?

giveitago · 30/03/2010 17:49

What about the threat of a bad reference? Anyone?

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flowerybeanbag · 30/03/2010 18:21

The employer can't give a false impression in a reference, but if she walks out without working her notice period she is in breach of her contract so they can say that, and say she is unreliable or similar.

Is the problem of the standard of English justified or not?? If she's been doing the job fine for 8 months it sounds as though it may not be in which case it could be discrimination which means she could claim unfair dismissal.

giveitago · 30/03/2010 18:24

English isn't her first language - don't think it caused a problem as it was admin and finance but perhaps they thought they could get better.

If I were her I'd walk with head high - shit happens.

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