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Sacked without Notice ( Not Gross misconduct )

Hi again all ,

For those of you who may remember my recent thread about my son & his employer Here

Fast forward a month & my son was sacked on Friday afternoon without notice . The reason given was that his employer said " things weren't working out " As a result he was asked to leave immediately .

He took your advice from the previous thread , and continued to work through his breaks and every Saturday without complaining , so as you can imagine this is a bolt out of the blue & he is extremely upset .

As of Friday he still hadn't received a contract of employment ( 6 months on )

My question is simply , can his employer literally ask him to leave for the above reason without giving him notice ?

Thanks again for your help

mandi
«1

Comments

  • mandi wrote: »
    Hi again all ,

    For those of you who may remember my recent thread about my son & his employer Here

    Fast forward a month & my son was sacked on Friday afternoon without notice . The reason given was that his employer said " things weren't working out " As a result he was asked to leave immediately .

    He took your advice from the previous thread , and continued to work through his breaks and every Saturday without complaining , so as you can imagine this is a bolt out of the blue & he is extremely upset .

    As of Friday he still hadn't received a contract of employment ( 6 months on )

    My question is simply , can his employer literally ask him to leave for the above reason without giving him notice ?

    Thanks again for your help

    mandi

    As he had been employed since June 2013 (I think that's the right start monht), he would have been entitled to one week's notice. That was his statutory right and if they didn't want him to work it, he would still have to be paid for it.
  • Old_Git
    Old_Git Posts: 4,751 Forumite
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Cashback Cashier
    .Six months in a job you have few rights .
    He is entitled to holiday pay up to the time off leaving.
    "Do not regret growing older, it's a privilege denied to many"
  • mandi
    mandi Posts: 11,932 Forumite
    Part of the Furniture Combo Breaker Stoptober Survivor
    Thanks for the quick replies I appreciate it. :)

    So as I understand he is entitled one weeks pay in lieu of notice plus holiday pay & accrued wages .

    Would you know if he can sign on for JSA if he can't find any immediate work ? though he is already looking .
  • Old_Git
    Old_Git Posts: 4,751 Forumite
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Cashback Cashier
    mandi wrote: »
    Thanks for the quick replies I appreciate it. :)

    So as I understand he is entitled one weeks pay in lieu of notice plus holiday pay & accrued wages .

    Would you know if he can sign on for JSA if he can't find any immediate work ? though he is already looking .
    sign on at once .JSA is paid in arrears .
    so he may not get right away but yes sign on .
    "Do not regret growing older, it's a privilege denied to many"
  • AP007
    AP007 Posts: 7,109 Forumite
    mandi wrote: »
    Thanks for the quick replies I appreciate it. :)

    So as I understand he is entitled one weeks pay in lieu of notice plus holiday pay & accrued wages .

    Would you know if he can sign on for JSA if he can't find any immediate work ? though he is already looking .
    Start a claim now here

    https://www.dwpe-services.direct.gov.uk/portal/page/portal/jsaol/lp
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
  • mandi
    mandi Posts: 11,932 Forumite
    Part of the Furniture Combo Breaker Stoptober Survivor
    Old_Git wrote: »
    sign on at once .JSA is paid in arrears .
    so he may not get right away but yes sign on .
    AP007 wrote: »
    Start a claim now here


    Aw thanks ever so much for taking the time to reply . I'll let him know .

    Thanks from both of us . :)
  • If he had to work through his breaks then the employer may have broken the law on 2 fronts (lack of breaks and minimum wage).

    I wonder if the employer was on some sort of bonus for employing him, as soon as the bonus was paid your son was surplus to requirements. Hope he finds something soon, the employer sounds like an idiot.
  • He sounds better off out of there anyway. I personally would report the employer for not allowing him to have breaks.
  • DKLS
    DKLS Posts: 13,461 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    He sounds better off out of there anyway. I personally would report the employer for not allowing him to have breaks.


    This +1, I admired the OPs sons work ethic in the original thread and would be more than happy to employ someone like that shame his last employers were tools who couldn't recognise good staff.
  • Caroline_a
    Caroline_a Posts: 4,071 Forumite
    He sounds better off out of there anyway. I personally would report the employer for not allowing him to have breaks.

    Report to whom? This is probably a bad idea as your son may require a reference from this employer. There's no guarantee that the employer won't say anything negative, but I'm sure that if they are reported to whoever (H & S Exec? Local council?), that they may refuse to give a reference at all.

    Best for your son to move on.
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