Is this unfair dismissal?

SarEl

I don't suppose it is likely, but I suppose she has no proof of what was said in the phone call?

hcb42

PS OP, I would delete their name from your earlier post in case they have a google alert set up which will pick it up

Badger_Lady

hugonellie wrote: »

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.

This is important.

1. Does her contract say "after probation" or does it say "after 3 months"?
2. If it does say "after probation", we need to establish proof that she had in fact passed probation.

hugonellie wrote: »

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.

This is basically irrelevant - I wouldn't waste any effort trying to pursue it.

hugonellie wrote: »

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

Massively unfair, particularly given his previous statement... and quite possibly illegal. Hopefully someone else on the forum can give you some good advice on this.

hugonellie

it wasnt a phone call it was a face to face meeting with what would of been her new general manager.

if she was needed early at work she always stayed over at the hotel, as do many of the other chefs there - accommodation is provided. there was never an issue with her not having a driving license, ironically her test is next week! ha she was never late, and always stayed over when needed. she worked 60 plus hours a week, but was only contracted and paid for 45. hence all of the lieu time owed

shes already registered with new agencies to get some temp work over christmas, i guess shell just have to take her last employer off her cv in case he does this again?

hcb42

if she wasnt there long then it might not be a bad idea.

Can she approach the old GM - and see where s/he is now and if they have any hours available?

We need more, but too far away!!

hugonellie

Badger_Lady - it doesnt mention probation/probationary at all in her contract. the line says "notice of termination of employment must be giving in writing, unless otherwise stated the following notice periods apply except in the case of summary dismissal for gross misconduct)

1 month - 3 month = 1week
3 month - 2 year 1 month"

head office send this out to the section manager - in her case head chef - for full time employers when they have hit three month, because they shouldnt be there any longer than 3 month if they didnt pass probation you know?

she signed it with her head chef (the guy whos also been dismissed, whos also complaining his pay is wrong) and he gave her a copy. it says her "date of commencement of employment" is 1 august

hcb42 - i dont think i have posted her name on this thread? please let me know where so i can delete it! where are you based? shell happily come work if you have accom too

Badger_Lady

hugonellie wrote: »

it doesnt mention probation/probationary at all in her contract. the line says "notice of termination of employment must be giving in writing, unless otherwise stated the following notice periods apply except in the case of summary dismissal for gross misconduct)

1 month - 3 month = 1 week
3 month - 2 year 1 month

Then it's cut and dry - he can extend probation as much as he likes, he still has to give 1 month's notice because she had been there for more than 3 months. The fact that he's waffling on about probation just shows he's making excuses.

I smell a tribunal!

Edit to add: Does the contract also specify when the '3 months' begins? Is it definitely from the first day of employment? Something like 'term of service'?

hcb42

post 18 - co name....just delete their name out before they see it.

I am in the Midlands

hugonellie

Badger_Lady wrote: »

Then it's cut and dry - he can extend probation as much as he likes, he still has to give 1 month's notice because she had been there for more than 3 months. The fact that he's waffling on about probation just shows he's making excuses.

I smell a tribunal!

Edit to add: Does the contract also specify when the '3 months' begins? Is it definitely from the first day of employment? Something like 'term of service'?

the only thing it says is her "date of commencement of employment" is 1 august and she was dismissed 3 month 16 days after - does that help?

whats does a tribunal consist of? what do i need to get the ball rolling and what are the potential outcomes?

hcb42- ah i see the company name! doh! thank you - do you provide accom - i can get her to send you a cv down - minus/plus her last employer if you wish lol

i have emailed another hotel of theirs and they have provided me with the HO address and contact details - do i send a letter to them first, do whatever a tribunal consists of, call them? id just like to know the next step

thank you everyone for being so helpful

Jarndyce

Hmm. Some perspective called for here I think. Its awful that you've lost your new job due to your old employer's interference, but you would have to have absolute proof of that (eg in the form of a sworn statement from the new employer or some other documentary form) before you could pursue that legally.

As far as the notice pay is concerned you should write a letter pointing out exactly why you think you are owed the money, ie quoting the contract and explaining why probation or no probation you are owed the month's notice. Say that unless you receive payment within 7 days you will initiate court proceedings.

Then complete the form here in order to do so:

http://www.justice.gov.uk/global/forms/hmcts/tribunals/employment/index.htm