Unfair Dismissal grounds - or flogging the proverbial horse?

hcb42

Hi,

a friend is being called to a "meeting" this week, where the likelihood he will be forced to resign, or sacked. Service is about 51 weeks, and normal notice for the company is 4 weeks either way.

I have been reading through ACAS and DIRECT Gov, but can anyone shed any light on whether he would have any rights to go to IT to claim unfair dismissal? There has been no formal disciplinaries at all, although he was given some indication of needing to sort out his department - and indeed the reasons for the meeting this week have not been outlined although he has been told he can bring a witness?

I guess the question is, if he is sacked on Friday, he is under 1 years service, if they end his employment immediately, without notice (but paying one month's salary in lieu of notice) does that get around the 1 yr rule and he has no comeback?

Many thanks in advance.

Judith_W

I believe that you have to take into account the notice period even if they give PILON, but he needs to go to the meeting and understand why they are sacking him - don't let him be cornered into resigning - and whether even if it is a technicality that everyone else is doing (e.g. internet usage or time keeping), they have a right to be going down disciplinary. If they Gross Misconduct him, this needs to be a genuine reason.

Uncertain

You have to take into account the STATUTORY MINIMUM notice for this purpose, not his contractual notice.

This would be one week so the "about 51 weeks" service becomes critical.

It makes no odds if they ask him to work his notice or pay in lieu.

If his contractual notice is a month they they would have to give him this (or pay in lieu) but only one week would count towards his length of service for unfair dismissal purposes.

If the time is tight it may be worth trying any trick he can think of to delay the meeting.

Pricivius

He needs to check his length of service... to the day! His minimum statutory notice is 1 week and this is added on whether they pay it as a PILON or not. If he adds one week on to his length of service and reaches 1 year then he can bring a claim for unfair dismissal. If he gets to 51 weeks and 6 days, he can't.

In terms of disciplinary process, providing the company is within the magic one year, there is nothing the employee can do about the lack of process. So, in effect, they don't need to bother.

Many companies mess up the 1 year calculation as they forget about the 1 week add on so check the dates...

hcb42

Thank you, for all the messages.

It didnt go well, they forced him to resign. He went in fighting, but they refused to listen, wish he had just gone sick for a week or two..

Upset for him, obviously, but not sure there is a lot he can do now, he will be paid for one more month but is not in the building.

Notmyrealname

Well he could go to tribunal if he feels he has a strong enough case.

anamenottaken

hcb42 wrote: »

Thank you, for all the messages.

It didnt go well, they forced him to resign. He went in fighting, but they refused to listen, wish he had just gone sick for a week or two..

Upset for him, obviously, but not sure there is a lot he can do now, he will be paid for one more month but is not in the building.

How did they "force" him? Did he have a witness to this who would back up his version if necessary?

MissSarah1972

hcb42 wrote: »

Thank you, for all the messages.

It didnt go well, they forced him to resign. He went in fighting, but they refused to listen, wish he had just gone sick for a week or two..

Upset for him, obviously, but not sure there is a lot he can do now, he will be paid for one more month but is not in the building.

Forced him to resign? At gun point? They should have sacked him and he should have let them.

hcb42

he was told resign or be sacked, and I guess he thought resigning looks better overall, so in effect he had no choice.

Fact is this does go on all the time.

MissSarah1972

hcb42 wrote: »

he was told resign or be sacked, and I guess he thought resigning looks better overall, so in effect he had no choice.

Fact is this does go on all the time.

To the JC I am sure it looks great - So he got a good reference when he resigned?

Sambucus_Nigra

Why would they have sacked him? What happened?