Told to not come back!!

hafe4k

Wat would u advice smk77?

tamsin1982

I would write back asking her employer on what basis is he terminating her employment!
hope she gets it sorted, she is completly in the right

sammyjammy

Its shocking that people still think they can get away with behaviour like this and do exactly as they please, make sure your sister takes this as far as she needs to, a good ide awould be for the tw oof you to sit down and get everything in writing from the first time she spoke to him.

Sam

hafe4k

Thnxs .... sure will do

hafe4k

I’ve just rang ACAS, they have said it will be advisable to send another letter for them to clarify what the situation is, why (if redundancy then you are filling the post so it’s unfair)...... 'I think you terminating the contract just because I told you I will be leaving.'

Not being cheeky, but pinkshoes/nottlass will you are someone be able help with a letter she could write. I don’t want to be writing a wrong letter which may be used against me at the employment tribunal.

All help greatly appreciated. Hope she gets it sorted.

taliesin

I agree with other posters. This looks like a clear case of unfair dismissal. For the sake of future employees as well as your sister, the employer should not be allowed to get away with it.

Here's the sort of letter she should be writing. Lay out the key facts and state clearly and in neutral language what she wants. This has moved beyond clearing up a misunderstanding so, without being overtly threatening, it's a good idea for her to make it clear that she is not going to take it lying down.

Dear XXX

This follows our discussions of <date> and <date>, and our exchange of letters of <date>. On <date> I provided you with advance warning of my intention to resign my position following my planned marriage in June. On <date> <whoever gave the instructions> told me that I should not return to work from <date>. Following my letter of <date> clarifying my situation, yours of <date> tells me that I have been "given two weeks notice of termination" as of 20/3/09.

I do not understand why this has come about. I do not believe that I have given you grounds for dismissal, and, as other staff have been taken on to undertake similar work in recent days, my position cannot be redundant. I am told that your action may be unlawful.

I ask you to reconsider your decision. If not, I require you to provide, in writing and without delay, full details of the reason for termination of my employment, including details of all disciplinary or redundancy procedures that have so far been followed and any opportunity for further appeal that may still be open to me.

taliesin

By the way, an employer is legally obliged to respond to a request for a written statement of reason for dismissal within 14 days. No need to tell this employer that - if s/he fails to do so, it's yet another piece of evidence that a fair process of dismissal has not been followed - but bear it in mind.

nottslass_2

hafe4k wrote: »

I’ve just rang ACAS, they have said it will be advisable to send another letter for them to clarify what the situation is, why (if redundancy then you are filling the post so it’s unfair)...... 'I think you terminating the contract just because I told you I will be leaving.'

Not being cheeky, but pinkshoes/nottlass will you are someone be able help with a letter she could write. I don’t want to be writing a wrong letter which may be used against me at the employment tribunal.

All help greatly appreciated. Hope she gets it sorted.

I think that taliesins letter just about covers it all !!!

Good luck

nottslass

nottslass_2

Just wanted to add,It probably won't get as far as tribunal anyway,and they'll "settle out of court",when your employer realises that a) you're taking this all the way,b)that they are in the wrong,c) your employers legal representative tells them that they are in the wrong.

Good luck and keep us posted

nottslass

pinkshoes

I'd go with taliesin's letter, but perhaps be a bit firmer this time:

"I too have spoken to ACAS, and as you have already re-filled my position, then redundancy is not an option in this case, therefore your previous letter is incorrect. There are also no grounds for dismissal as shown my my impeccable employment record, so the only legal route for you to follow is to pay me until the end of my notice period, which I have yet to notify you of. Failure to do so will result in legal action, which I will not hesitate to take"

She needs to let them know that they are breaking the law, and she will take this as far as she has to. It might also be worth pointing out that with legal fees, it will end up costing them more than her salary for a few months...

She still needs to go in on Monday though as normal, and give them a chance to see their error and rectify the situation without taking it further.