Possible unfair dismissal?

livalicious

Hiya

Im writing this on behalf of a colleague, shes been working part-time (3 days a week) at the company for just under a year. Yesterday she was called in by the boss and told that he wasnt happy with her work and her coming late in the mornings. She basically works in the sales team, and her job is to call clients to chase information, etc.

He employed two other people a few weeks ago, to do the same job, and he said she is not doing as well as them. Therefore he is considering letting her go, and will let her know his decision tomorrow when shes next in.

Does she have any rights in this instance, could he just dismiss her so suddenly, with no warning?

Any advice would be appreciated, the poor girl is in tears, shes a single mom and this really has her in a panic!

Thanks!

Weirdlittleman

Ultimately yes he can unless the notice would take her over a year.

SandC

Agree with above. If he did go over a year (seems like he knows what he is doing though and dealing with the situation before it becomes more problematic) then he would have to go through a procedure of warnings leading to eventual dismissal etc. which could encompass both her timekeeping and her standard of work.

woody01

livalicious wrote: »

Hiya

Im writing this on behalf of a colleague, shes been working part-time (3 days a week) at the company for just under a year. Yesterday she was called in by the boss and told that he wasnt happy with her work and her coming late in the mornings. She basically works in the sales team, and her job is to call clients to chase information, etc.

He employed two other people a few weeks ago, to do the same job, and he said she is not doing as well as them. Therefore he is considering letting her go, and will let her know his decision tomorrow when shes next in.

Does she have any rights in this instance, could he just dismiss her so suddenly, with no warning?

Any advice would be appreciated, the poor girl is in tears, shes a single mom and this really has her in a panic!

Thanks!

No rights at all unless she has been there for 1 year.

Also, how can this be unfair, when it is clear from your post, that she is not as good at her job and is not punctual in arrival compared to her other work mates.

livalicious

Thanks for the replies, I cant remember the exact date she started, Im sure it was just under a year, hopefully i may be wrong.

I said unfair on the basis that shes about 5 minutes or so late in the morning occassionally, but so are alot of us working here, and no-one else has been called in about it. Also because she is not making as many calls as the newer staff members, does not necessarily mean that she isnt pulling her weight, its just that they make a few more calls than she manages. I understand being put to rights about not working as well as the others, but to be fired over it with no word of a warning or not being given the opportunity to improve on her productivity is a bit harsh.

foxy-roxy

I know what you are saying OP but you have to see it from the employers point of view, why should he ask her to work harder when she is already being paid to work hard?
In my place with have no room for mediocore, people will always revert back to there comfortable zone, and after a year it will be alot harder for him to get rid of her, hence why he is doing this.
He may not even sack her yet, might just be trying to scare her into working harder and stamping his authority so to speak.
Alos, the lateness thing, might he be using her as an example to the others as you said many people come in late in the mornings?

livalicious

Good point foxy-roxy, I suppose I just feel bad for her. And apart from that, almost every employee thats worked here before has left under a cloud.