Advice Please - can my OH be sacked?

SHIPSHAPE

Uncertain wrote: »

With ten years service the firm would have to give her 10 weeks notice or pay in lieu.

The lady has nearly 10 years service so, as of now, the firm need to give 9 weeks notice.

OP, the answer to your question, can he tell her to leave next week, is no, he cannot, he would need to give 9 weeks notice.

Your OH has a senior role and has worked there for quite a long time, her obligation is to give 'reasonable' notice, as there is an absence of a written contract detailing notice periods, further, there appears to be an absence of written terms of employment which the firm should have provided by law which should have contained details of her notice period.

Due to this, your OH should negotiate her own 'reasonable' notice period with the firm.

It is pointless determining it to what other colleagues have given as notice as I guess with such a small amount of staff not everybody had the same role or, indeed, the same amount of service.

Your OH has all the bargaining chips regarding her notice due to her firms failures.

LittleVoice

SHIPSHAPE wrote: »

Your OH has a senior role and has worked there for quite a long time, her obligation is to give 'reasonable' notice, as there is an absence of a written contract detailing notice periods, further, there appears to be an absence of written terms of employment which the firm should have provided by law which should have contained details of her notice period.

Due to this, your OH should negotiate her own 'reasonable' notice period with the firm.

Where are you getting this "reasonable" obligation? In the absence of written particulars giving any other notice requirement, the employee need give only one week. There is absolutely no legal requirement to negotiate any other period.

My advice would be to find another job (unconditional offer) and then resign.

SHIPSHAPE

LittleVoice wrote: »

Where are you getting this "reasonable" obligation? In the absence of written particulars giving any other notice requirement, the employee need give only one week. There is absolutely no legal requirement to negotiate any other period.

My advice would be to find another job (unconditional offer) and then resign.

You have obviously not read the thread, not least because advice wasn't sought on finding another job which, for reasons only you are aware, you decide to give.

The question was, effectively, can the lady be given just a weeks notice period?

And the answer is no, which some of us have answered.

Further, the lady and boss are/were like 'brother & sister' and 'she feels loyalty to the company.'

There doesn't appear to be any animosity toward the boss or company for her to get on her high horse, give a weeks notice and scoot off.

She wants to give 3 months notice, why do you advise to cut that down to a week and become jobless when one surely has more scope of alternative employment with 3 months breathing space?

How bizarre.

Considering what has been posted it appears the lady does have an obligation as she 'doesn't want to leave the company in the lurch.'

The negotiations would be for her benefit if anything, as I stated, she holds all the cards.

That is being reasonable in this situation. Beside which, any employer can turn around and state that written terms of employment were issued in the past.

By being reasonable the lady furthers her stance, she is not in a situation to storm out once a week's notice is up.

Why do you want to put her there?