Unfair dismissal?

caz246

I'm not sure I have posted this in the correct place but any advice whatsoever would be appreciated!

I live in Scotland and my boyfriend lives down south. After visiting for a long weekend he got snowed in and couldn't travel home therefore had to take an unplanned week off work and got home as soon as he could get his car freed from the horrendous snow in the area where I live. I myself was stranded on a motorway for 12 hours on Monday due to the severe weather conditions.

He kept his boss informed of the conditions daily (he only had to look on the news!) and sent photos and videos via email to prove how bad it was. Apparently his boss did not look at any of these.
He arrived back to work yesterday, and then when he went in this morning he was sacked on the spot for being 'unreliable'. No warning. He has since been at the Citizens Advice all morning and has been told he could have a case for unfair dismissal.

My concern is he has only worked for the company for about 7 months and did not have a contract as such (as far as I'm aware none of the employees do).

Does he have a case? And where does he go from here?

RenovationMan

I thought you didnt have any employment rights until you had worked for a company for 2 years?

Googlewhacker

1 year, your boyfriend will not have any luck in trying an unfair dismissal case.

Any

You cannot put unfair dismisal case through until you completed 12 months of service..
So in short-NO. Sorry

Pete111

I echo the above, you have no rights to claim UD until you have been employed by a company for 12 months.

No doubt this is unfair. Just not in employment law I'm afraid.

Googlewhacker

Pete111 wrote: »

I echo the above, you have no rights to claim UD until you have been employed by a company for 12 months.

No doubt this is unfair. Just not in employment law I'm afraid.

I get the feeling there is more than meets the eye here.

Nassy

Only way you can take an unfair dismissal case under a year is if you feel there is discrimination. That doesn't sound like it is the case here. They could also have some other motive as they could have just forced him to have time off unpaid. It doesn't sound like your boyfriend and this Company were going to be a happy marriage so perhaps its best he is out of there. I wish him the best in seeking new employment.

Mudd14

I agree with the above that he could not claim any sort of unfair dismissal. Just make sure they pay the weeks notice and any holiday accured.

caz246

Thank you for all the replies, I know nothing about this kind of thing as have never been or known anyone to be in this sort of situation until now. His employer knew he was job seeking to relocate north to be with me so I do suspect he was looking for a way to get rid of him anyway, just seems very unfair as he has been honest about it.

Googlewhacker wrote: »

I get the feeling there is more than meets the eye here.

Do you mean more than meets the eye with the sacking? Apart from the above there is no other reason that he has been made aware of, infact he recently got a pay rise.

Sambucus_Nigra

caz246 wrote: »

I'm not sure I have posted this in the correct place but any advice whatsoever would be appreciated!

I live in Scotland and my boyfriend lives down south. After visiting for a long weekend he got snowed in and couldn't travel home therefore had to take an unplanned week off work and got home as soon as he could get his car freed from the horrendous snow in the area where I live. I myself was stranded on a motorway for 12 hours on Monday due to the severe weather conditions.

He kept his boss informed of the conditions daily (he only had to look on the news!) and sent photos and videos via email to prove how bad it was. Apparently his boss did not look at any of these.
He arrived back to work yesterday, and then when he went in this morning he was sacked on the spot for being 'unreliable'. No warning. He has since been at the Citizens Advice all morning and has been told he could have a case for unfair dismissal.

My concern is he has only worked for the company for about 7 months and did not have a contract as such (as far as I'm aware none of the employees do).

Does he have a case? And where does he go from here?

Did CAB actually ask the question 'how long had he been working there'? If not, they blooming should have. Amateurs!

caz246

I got it wrong, it's wrongful dismissal CAB have advised him to go for? Will this make a difference?