Told to not come back!!

smk77

Has your sister previously had a good relationship with her boss or has he possibly been looking for an excuse to get rid of her? I'm just trying to think of reasons why he'd be behaving like this. Could he even be jealous that she is getting married and leaving?

I'd also change the letter from above:

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

to read

I do not understand why this has come about and therefore 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

let him tell her the reason - don't put reasons into his head.

taliesin

pinkshoes wrote: »

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.

I don't like to disagree - you've been very helpful to the OP - but I would respectfully suggest that it's best here to say nothing about future intentions, or to comment on the employer's position or to advise them on what to do. Reinstatement remains very much a possibility and the last thing the OP's sister needs is an aggrieved employer when she returns to work, so it's important to keep everything short and formal but factual and relatively pleasant. That will also stand the sister in good stead if the matter gets to a tribunal. Probably not the best idea, either, to go into the details of the case that would be presented at a tribunal if it came to that.

However, if handled well, I doubt that it will get that far. As soon as the employer consults anyone who knows anything about employment law and dismissal, they will quickly become aware that they have put themselves in a very bad position, and will probably want to backtrack fast. The key at this point, I think, is to get them to do that before their position becomes further entrenched. Hence the use of relatively formal words like "require" in my draft, which should signal that the OP and sister have researched their situation, and that the employer needs to do that, too.

Also, I would not advise the OP's sister to go to work next Monday; she has received a letter of dismissal. In the absence of meaningful negotation between now and then, attendance could be very confrontational, unpleasant, and would not accomplish anything. If the matter is settled, whether through mediation or at a tribunal, OP's sister would receive pay for the period following the unfair dismissal.

As to smk77's proposal, it looks good to me.

hafe4k

Has your sister previously had a good relationship with her boss or has he possibly been looking for an excuse to get rid of her?

@smk77, she's said she has not had any trouble with her boss in the past. But most of the staff hate him. When they asked him why you terminating her contract he said if you all want to go you can go aswell!!

Well iv told her to send the follow up letter, and will get back to you with progress.

Thanks everyone.

smk77

hafe4k wrote: »

@smk77, she's said she has not had any trouble with her boss in the past. But most of the staff hate him. When they asked him why you terminating her contract he said if you all want to go you can go aswell!!

Well iv told her to send the follow up letter, and will get back to you with progress.

Thanks everyone.

The guy sounds like a complete loser! No professionalism at all. I hope someone puts him in his place soon. Perhaps at the back of the job queue.

hafe4k

Hi ppl,
She sent the letter last monday but has not got a reply back. How long should she be waiting?

smk77

hafe4k wrote: »

Hi ppl,
She sent the letter last monday but has not got a reply back. How long should she be waiting?

Has she finished work now then or is this the last week? I think it's probably time for her to contact the CAB and get some advice from there. There is no point waiting and waiting when it looks like she probably isn't going to get a reply. This really needs sorting out now otherwise it'll spoil the run up to the wedding.

hafe4k

Last Friday was her last week, now the 2 weeks easter break has started. So proably no response for a further 2 weeks now!

Shes gone holiday for a week now to dubai, so when shes back ill tell her to go to the CAB.

Thanks smk77

hafe4k

Hi ppl,
Shes back from her holidays. She went to the local CAB they adviced to send a final letter recorded delivery saying incase you didnt get the 2nd letter then a copy is enclosed.

And if no reply again within 14 days then take it further to the employment tribunal.

So shes going to send out another letter, and help?

Thanks

taliesin

I'm sorry to hear that. I think we had all hoped this manager would see the error of his ways sooner rather than later.

Your sister should do exactly as the CAB advised - send a copy of the last letter by recorded delivery (and keep the receipt!) The key phrase in the draft I suggested was "I require you to provide ... full details of the reason for termination of my employment ..." If you wish, you could repeat this (or whatever similar words you eventually used) in the cover letter, but there's no need for anything beyond "I wanted to ensure that you have received my letter of ... Here is another copy. I look forward to receiving your response without further delay".

The point of this action is to document beyond any dispute that this statement has been requested. If the employer fails to respond in writing within 14 days, they have failed to pursue due process and the dismissal is unfair on that account alone, regardless of any other rights or wrongs (and there seem to have been plenty of the latter).

P.s. I take it she has signed on at the job centre and has applied for Job Seekers' Allowance? She may need the statement in any event to demonstrate to them that she has not voluntarily made herself unemployed.

hafe4k

Thanks m8,
She hasnt applied for JSA yet, should she do this now? Showing the first letter they sent to her?