Sacked for no reason

malcindebt

Posting this on behalf of a friend who has no internet. Here's the text she has sent to me.

I work in a shop, in the terms and conditions of the empoyment contract it states that if 2 or more family members work for the company and 1 is sacked,then all other must leave.

Well this has happened to me. My brother has been sacked for not turning up to work on time, and i have been told I have to leave too.

Can they do this?

I have done nothing wrong, I work in the same shop but live with my husband and kids, I don't live with my brother, I'm not his keeper.

Can you find out what my rights are.

Thanks

Michela

Can anyone give any further adive that I can pass onto my friend?

Uncertain

Totally illegal!

Tell her to call ACAS for one to one advice,

cabbage

Acas helpline is 08457 47 47 47

dmg24

How long has she worked there?

malcindebt

about 16 months

Uncertain

malcindebt wrote: »

about 16 months

Then she has some protection against unfair dismissal - which this would seem to be.

jdturk

Wow I have seen some dumbass rules in my life but that one I think takes the biscuit!

Dick_Van_Dyke

jdturk wrote: »

Wow I have seen some dumbass rules in my life but that one I think takes the biscuit!

Possibly but they could argue break down of the employee/employer relationship and trust if it was the case the OP's friend knew about the situation and covered it up or took part. I.e told the employer they were sick or didnt know when they did.

Unlikely to be easy to evidence to a reasonable doubt to satisfy a tribunial however.

jdturk

I understand their reasons for it but they surely cannot expect to be able to do this legally

Dick_Van_Dyke

jdturk wrote: »

I understand their reasons for it but they surely cannot expect to be able to do this legally

I would suggest it entirely depends on the OP's conduct
If they in any way lied or were economical with the truth about the brothers attendence, whereabouts or medical condition at a time he was guilty of skiving then yes they could dismiss I would think.

malcindebt

!!!!!!_Van_Dyke wrote: »

Possibly but they could argue break down of the employee/employer relationship and trust if it was the case the OP's friend knew about the situation and covered it up or took part. I.e told the employer they were sick or didnt know when they did.

Unlikely to be easy to evidence to a reasonable doubt to satisfy a tribunial however.

If it was the case my firend was covering for her brother then yes I could understand, but my firend hasn't spoken to the manager about her brother, she's not had so much as a warning in the time she's been there, not had a single sick day, been late once at the beginning of her employment, has recently been promoted to weekend supervisor, works extra shifts as and when needed and never complains (she loves working and would never turn down extra cash, contracted for 22 hours p/w but regularly works 30+) but they say the rules are the rules, and that legally they can do it as she signed up to terms and conditions of employment.

She has spoken to ACAS and they say this should be an open and shut case, but have told us what we need to do re grievance letters etc.

Lets see what happens.