Friend been given instant dismissal....advice please

swish2k

Hi everyone!

My friend has just been given instant dismissal from her job, being given the reason that she was 'actively seeking alternative employment'. I didn't think this would be a 'gross misconduct' reason, if any reason to fire someone on the spot, and even then I thought you had to be given a disciplinary, etc.

Unfortunately she has been in the job less than 12 months, but she did sign a contract. Does she have any rights legally?

Cheers for anyone who can shine a bit of light on this horrible situation.

mildred1978

swish2k wrote: »

Hi everyone!

My friend has just been given instant dismissal from her job, being given the reason that she was 'actively seeking alternative employment'. I didn't think this would be a 'gross misconduct' reason, if any reason to fire someone on the spot, and even then I thought you had to be given a disciplinary, etc.

Unfortunately she has been in the job less than 12 months, but she did sign a contract. Does she have any rights legally?

Cheers for anyone who can shine a bit of light on this horrible situation.

Nope. Within the first 12 months she can be fired for anything, so long as it's non-discriminatory.

warwicktiger

in a word no.

no rights for less than <12 months work, and that will be 24 months soon. How did her employer know she was 'actively seeking alternative employment'?

swish2k

warwicktiger wrote: »

in a word no.

no rights for less than <12 months work, and that will be 24 months soon. How did her employer know she was 'actively seeking alternative employment'?

I thought as much on the nope front. Her boss had a 'chat' with her last fri and said he didn't think she was 'fitting in'. Her work is exemplary, I know this for a fact, but basically her face didn't fit. She wasn't a TOWIE watching, gossiping moron like the rest of em! During this chat, she basically laid her cards on the table and said the job wasn't exactly what she wanted to do but she always gave it her all and felt she was a hard worker who always got all her tasks completed and then some. But, because she wasn't their idea of fun, they've given her the old heave ho. Nice!

Gutted she can't do anything, but at least she is out of there.

Thank you to you guys who have replied!

BarrelScraper

I've been asked a time or 2 if i've been looking for other work & if i would like to leave etc.

I have at times looked elsewhere & i've wanted to leave for many years.

I always maintain i'm happy at my place though. The standard work gripes yes, but happy there. Not worth the earache to me saying otherwise.

swish2k

BarrelScraper wrote: »

I've been asked a time or 2 if i've been looking for other work & if i would like to leave etc.

I have at times looked elsewhere & i've wanted to leave for many years.

I always maintain i'm happy at my place though. The standard work gripes yes, but happy there. Not worth the earache to me saying otherwise.

Surely saying you are not 100% happy in your job is not a dismissal reason though, 12 months service or not!

LadyMissA

swish2k wrote: »

Surely saying you are not 100% happy in your job is not a dismissal reason though, 12 months service or not!

you would never tell a boss you were unhappy as thats a very easy way to get rid of you. Always say that you are keen and want to stay. Never ever tell them you are looking for a new job. Having said that surely by them using this as a reason for dismissal what they are saying is as long as you dont look for another job you are safe, if you do or we found out you are, we will sack you.

swish2k

LadyMissA wrote: »

you would never tell a boss you were unhappy as thats a very easy way to get rid of you. Always say that you are keen and want to stay. Never ever tell them you are looking for a new job. Having said that surely by them using this as a reason for dismissal what they are saying is as long as you dont look for another job you are safe, if you do or we found out you are, we will sack you.

I totally know what you are saying MissA, but it's no wonder so many people are stuck in jobs they don't enjoy, even when they might be very good at them, when nobody will speak up about the fact they are unhappy with their terms/conditions in work for fear of being fired! I can't talk, cos I've got loads of stuff I'd like to tell my boss about that does my nut, but I keep my mouth shut for the same fear!

It's no shock then that companies get away with so much! And increasing the service time before you have any rights to 24 months will just give them more power to mess innocent, hard workers around as they see fit! It's so infuriating isn't it?! OK, rant over!

LadyMissA

swish2k wrote: »

I totally know what you are saying MissA, but it's no wonder so many people are stuck in jobs they don't enjoy, even when they might be very good at them, when nobody will speak up about the fact they are unhappy with their terms/conditions in work for fear of being fired! I can't talk, cos I've got loads of stuff I'd like to tell my boss about that does my nut, but I keep my mouth shut for the same fear!

It's no shock then that companies get away with so much! And increasing the service time before you have any rights to 24 months will just give them more power to mess innocent, hard workers around as they see fit! It's so infuriating isn't it?! OK, rant over!

you would speak up about things done that may be illegal or not getting a break but never say that you just do not like it.

If it just terms and conditions that you do not like but they are per the contract just look for a new job but now they will know never to tell them you are looking

swish2k

She didn't actually say she was looking for a new job, just that the job hadn't been her first choice, but she was working really hard and always got her tasks completed, plus more.

I think I worded my last post wrongly too, I didn't really mean contractual terms, etc, I more meant like if your boss is a bit mean with you or like always steals your ideas and makes out they're their own. Nothing illegal, just stuff that would make your work life a bit rubbish!

I just don't think enough people speak up in work about minor gripes which can really make your working day less enjoyable, or even have an honest relationship with their boss, because of the fear of exactly what has happened to my buddy, and it's a real shame it happens!

KiKi

Hi OP

They can dismiss her for any reason they like (discriminatory reasons excepting).

HOWEVER, looking for another job would not be considered gross misconduct, and as such she should be entitled to her notice period, all salary owed up to her final date and any annual leave outstanding. Please make sure she knows she's entitled to this. If they do not pay it she can take legal action.

KiKi