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Can an employer do this?

2»

Comments

  • It's not a large company, maybe 6/7 members of staff.

    D#
    The puppetmasters create "disorder" so the people will demand "order"
  • LittleVoice
    LittleVoice Posts: 8,974 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    He is due to receive 3 months notice. An employer wanting to dismiss him should give him that notice - or pay him in lieu.

    He should refuse to move to the new employer - as long as they are clearly separate companies and not part of a proper group structure that shouldn't be a problem. If, after being dismissed and being fully recompensed, he wanted to work for the second company on a commission only basis, he could do that if they still wanted him.
  • Popsicle
    Popsicle Posts: 44 Forumite
    Hi. Unfortunately he would not be able to claim contructive or unfair dismissal as he has been working there less than a year.

    Because it would mean a change to his t&cs he would be entitled to his 3 months notice (but not a redundancy payment as under 2 years). It seems that they are taking advantage of him being here less than a year as it leaves him with no options at Tribunal (except if he can prove discrimination relating to one of the acts).
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