Told to not come back!!

villabadger

Hi,

This seems very strange....on what basis is her employment being terminated? From what you have already stated, it appears that they do not have any grounds for dismissal. I'd go for a case of unfair dismissal. If the employer has got any sense, they will settle before it goes too far. In my experience, employees are quite well protected when it comes to situations like these.

nottslass_2

hafe4k wrote: »

Hi Guys/Gals .... She's already got a response through the post today!!

It doesnt look good for her. Letter states '.... after speaking to ACAS directly, you are entitled to two weeks notice. You do not have a written contract; therefore a statutory notice period applies ..... 20/3/09, in which you were given a 2 week notice of termination'

I think thats it, thanks for you help ppl.

Total C*ap !!!!!!!

Is this letter from her employer ?


Are you going to take his word for it - has he really spoken to ACAS ?

If it was really the case that any employer could just give notice,to any employee like, that there would never be any reason for a) employment tribunals,for unfair dismissal or b) for any employer to pay redundancies pay (they would just give everyone notice,wouldn't they ?)

TBH I very much doubt that he has,and even if he has, what has he told them in regard to the situation ?

Oh,and another point,surely ACAS would have told him that its illegal not to provide a written contract of employment !!!!!

But the good thing is,her employer has well and truly dropped himself in it by stating in writing,that his is giving her notice,for basically no reason other than,he thinks he can !!!!! Make sure you do not loose this letter !!!!


This terrible employer needs to learn that he has legal responsibilities to his employees and your sister needs to take further advise from ACAS or a specialist employment lawyer !!!!

Do not let them get away with this !!!!!!

hafe4k

Thnxs for ur reply.... Yes letter from her employer (the manager she wrote it to). He produced two pages of print outs from the ACAS site, section under 'redundancy', 'Notice & rights' ... which says '.... two weeks after two years ...'

Sure, will not loose the letter, shes kept a file with her copy of the letter and this letter.

Wats the best course of action now? Another letter, or go to the employment tribunal?

Keeping_Positive

Its not redundancy though is it, Good Luck.

nottslass_2

I'd go to tribunal - she's already sent a letter stating her position.
Give ACAS a ring first thing Monday morning for further advise !!!!!

hafe4k

Will they not be able to state that they are making her redundant?

Bamber19

It cannot be redundancy where he has instantly offered her job to another person. Redundancy is where the job no longer exists.

markyb33

Its definately not redundancy as under redundancy the job/role does not exist after redundancy.

hafe4k

Right .... Will let u know outcome when i ring ACAS on Monday.

Thanks ppl

smk77

He's making that up. Even with a contract the statutory notice period applies. Completely irrelevent!!!

What he is implying is that because there is no written contract he can do as he wants provided that he gives the statutory notice. That is nonsense. An employee who works without a written contract has just as many rights as one that has a written contract.

This is not redundancy as others have pointed out she is being replaced. She is being sacked and therefore unfair dismissal.

He probably has contacted ACAS but worded the question to get the answer that he wanted. i.e. "How much notice do I need to give someone?"

Unfortunately, even if your sister wins this she only get compensation. She'll still be out of work from now until August unless she gets another short term job.

It's therefore important that she is careful and resolves this rather than end up at an employment tribunal.