Can you be sacked after handing in your notice

Notebook

Hi
A friend was up for a disciplinary at a part time job in a restaurant - nothing serious - and decided to quit before this event, to concentrate on their last year in University. Almost 2 weeks later, they have received a letter saying that they arent allowed in the restaurant ( a prominent high end chain )and that they have been fired.
Can this be the case?

Thanks

The_Pedant

A few questions spring to mind:-
- Firstly, how long have they worked there?
- What is the notice period that is due?
- When was your friend due to leave, after having given due notice?
- Was the dismissal 'gross misconduct'?

If they were not dismissed for gross misconduct (although you did say it was nothing serious), then assuming that that your friend was working their notice period (and that the employer doesn't think they can give shorter notice) then I would have thought that technically the departure after the notice period would come first, as your friend's notice period would end before the employer's (?). I would therefore also expect the appropriate pay to cover the notice period.

I mention gross misconduct as that can be without notice or pay in lieu I believe.

dseventy

Notebook wrote: »

Hi
A friend was up for a disciplinary at a part time job in a restaurant - nothing serious - and decided to quit before this event, to concentrate on their last year in University. Almost 2 weeks later, they have received a letter saying that they arent allowed in the restaurant ( a prominent high end chain )and that they have been fired.
Can this be the case?

Thanks

Yes that can be the case.Its private property.

As for being sacked, if they worked there for less than a year, they can be sacked for any reason (or not given one).

D70

Mistral001

This is all to do with notice period I would imagine. If he resigns he will usually be contractually required to work a period of notice unless it is agreed otherwise with his employer.

You cannot really just walk away form the job. You have to offer your resignation and then abide by your contractual arrangements for leaving which usually includes working a period of notice.

If he does not get released from his contractural requirements to work this notice period and just leaves, then he could be considered to be still employed. I think the sacking notification is just the employer ensuring the that the situation is clarified rather than trying to track down the employee and getting him work his notice as contracted.

PS. Sacking might be a let-off for him as many firms have a policy now of sueing for breach of contract people who do not work their notice.

Uncertain

The_Pedant wrote: »

A few questions spring to mind:-
- Firstly, how long have they worked there?
- What is the notice period that is due?
- When was your friend due to leave, after having given due notice?
- Was the dismissal 'gross misconduct'?

If they were not dismissed for gross misconduct (although you did say it was nothing serious), then assuming that that your friend was working their notice period (and that the employer doesn't think they can give shorter notice) then I would have thought that technically the departure after the notice period would come first, as your friend's notice period would end before the employer's (?). I would therefore also expect the appropriate pay to cover the notice period.

I mention gross misconduct as that can be without notice or pay in lieu I believe.

Yes.

Unless the employer has specifically said "gross misconduct" then there is a clear case for a week's pay in lieu of notice.

Either way the employer must also pay for any untaken holiday.

A claim for either of these can be taken to an employment tribunal regardless of length of service.