Is this unfair dismissal?

Jarndyce

hugonellie wrote: »

if he denies she has this contract, or is entitled to the months pay, how do we take it further? a letter to head office? small claims?

Letter to Head Office copied to manager, giving them 14 days, say, to pay or you will take out a claim. You can then claim to an employment tribunal (no costs involved - yet) for unlawful deductions from pay.

hugonellie

Jarndyce wrote: »

Letter to Head Office copied to manager, giving them 14 days, say, to pay or you will take out a claim. You can then claim to an employment tribunal (no costs involved - yet) for unlawful deductions from pay.

thank you!

im hoping he replies to her this week, admits this last mistake, and pays her (3rd mistake) on the 7th along with the 2nd mistake payment.

shes wanting to write to head office anyway about his unprofessional attitude towards the whole process - he simply ignores her emails/ doesnt reply when he says he will/refuses to give her a wages breakdown etc - i think hes hoping that because shes young (23) she doesnt know her rights and will just take whatever he says as gospel

just to add, if shes accrued 0.81 days holiday, they cant just pay her 0.50 of a day can they? i know it sounds like im being an !!!!, but we simply want what shes entitled too.

Wellery82

The way i understand it is -

In a first year's employment you can only claim for unfair dismissal if it is direct result of discrimination against a protected characteristic - these tend to revolve around discrimination on the grounds of Age, Sex, Disability, Ethnicity, Sexual Orientation, Union Membership, Pregnancy, and a range of other issues such as needing time off for Jury Service, or taking leave for family emergencies or to care for dependants etc.

It is possible at any stage to claim for wrongful dismissal, which is in effect saying the terms of your contract were breached. This would mean that you can claim for any money you have lost out on due to the terms being breached - for example if you have 1 months notice that is not paid you are entitled to this, likewise any holiday accrued etc.

Jarndyce

hugonellie wrote: »

thank you!


just to add, if shes accrued 0.81 days holiday, they cant just pay her 0.50 of a day can they? i know it sounds like im being an !!!!, but we simply want what shes entitled too.

Unless her contract states otherwise, they should calculate and pay her on the basis of the exact amount of leave accrued, ie the 0.81.

macalacka

Write to the HR department of the head office. She should have got a contract within the first 8 weeks of her employment, regardless of probationary period.

getmore4less

hugonellie wrote: »

thank you!

im hoping he replies to her this week, admits this last mistake, and pays her (3rd mistake) on the 7th along with the 2nd mistake payment.

shes wanting to write to head office anyway about his unprofessional attitude towards the whole process - he simply ignores her emails/ doesnt reply when he says he will/refuses to give her a wages breakdown etc - i think hes hoping that because shes young (23) she doesnt know her rights and will just take whatever he says as gospel

just to add, if shes accrued 0.81 days holiday, they cant just pay her 0.50 of a day can they? i know it sounds like im being an !!!!, but we simply want what shes entitled too.

For things like this once the first mistake is made.

you go formal .

sorry you saw fit to dismiss me without notice etc. but I am due x,y,z.


CC : Payroll, HR, and their direct boss

hugonellie

i have a bit of an update here - and its not good news

he wrote her a letter for the first time (hes obviously realised shes taking this seriously now) and explained that he realised he made two mistakes with her payroll and outlined what she was now getting. which is only her holidays and one weeks notice. he goes on to explain the reason shes only due one week is the fact he sent her a letter extending her probation by a month.

now the thing is shes never had a letter, neither did any of the other staff who were extended weve since wrote back saying she signed a full time contract, she never received a letter and asked for proof this was sent.

he goes on to say the reason she was dismissed was her performance - so we replied saying that all of the customer cards and feedback from the restaurant was excellent so were unsure how he came to this decision.

he never spoke to her personally, or via her head chef about her performance - its obvious he just wanted to bring his own staff in and this is his excuse. we mentioned in the letter about the fact hed said he would give her a great reference and the fact he said she was more than capable. weve also asked for a person at head office so we can escalate the complaint further. we also pointed out that the reason he said in this meeting that she was being dismissed was the fact she didnt have a car, and that he never mentioned her performance in any negative light - he only had good things to say about her.

my partner was due to start her new job today - however her boss rang her this morning saying hed had a call from one of her previous employers that said never to hire her because she was a trouble maker! shes got to go in and see her new prospective employer...can he do this? its so unfair

this is the first ever letter shes received from the company, other than her full time employment contract. we reiterated this in our reply - if he refuses to give us HO do we call or write to them? their website doesnt give any info out....

hcb42

which one is she in, I am a hotelier, and one or two quite near me . PM if you prefer.

I think concentrating the argument on the months notice would be the best outcome here now. Is there anyone at the HO address in Wilmslow that she could write to - or are they merely franchisees?

hugonellie

hcb42 wrote: »

which one is she in, I am a hotelier, and one or two quite near me . PM if you prefer.

I think concentrating the argument on the months notice would be the best outcome here now. Is there anyone at the HO address in Wilmslow that she could write to - or are they merely franchisees?

its a large stately home type hotel, in northumberland....your not her old boss are you?! lol

her new job are no longer hiring her - shes seen what would of been her boss this morning, and based on her old bosses phonecall shes now lost the job

hcb42

LOL, I know the one, have stopped in it -- but no did not work there.

Not that it helps the current situation, but was there any issue with not being able to drive - e.g. was she not able to stay on late because of transport issues or anything? Seems an odd thing to throw into the mix.

That's bad news on the new job. I guess the priority is getting the pay resolved and getting the door closed on them for ever. Can she try agency work - coming up to Christmas now it is a mad time.

Hope something comes up soon.