Can my daughter be sacked?

emilyjade

My daughter has been working full time in an independent shop for the past year. She has spoken to her employer about returning to college in September saying that she will still be able to work 3 days along side her course which she did previously. The employer said they would have to replace her and have now advertised her job. Are they able to get rid of her? She doesn't have a contract.

HappyMJ

Yes they can. Your daughter has effectively resigned from her employment. They may need someone fully flexible and your daughter can't do that. They may call upon her for the occasional day here and there but that'll be a change of contract to which your daughter seems to have agreed so she's not being sacked as such she's just agreed a change of contract. Contract's like this have implied terms based on custom and case law they don't need to be written although it helps a lot.

TBagpuss

Yes, they can. As she has been working there for less than 2 years she can be dismissed.

emilyjade

Thanks for the replies, just to clarify, she has been working there 4 years, 2 years as a Saturday girl, then she did 2 extra days for a year when she started college. The second year of the course was not offered last year which was why she went full time and is going back in Sept to complete it. Just to add there has never been any form of contract.

ste_wilko

Yes they can. Contracts do not have to be written. But as she has been working there for more than a month she should have received a statement of particulars. This sets out her holiday allowance, notice period and other standard requirements, but it is not the contract.

If she agreed to go full time last year and her employer accepted, then they have entered a contract. If she is now no longer to fulfill that contract she can be dismissed, I suspect they need someone to do the hours that she does currently.

They also do not have to offer her any hours at all if she cannot fulfill the contract.

She has the right, under employment law, to apply for flexible working times. However, her employer doesn't have to uphold and agree to the request (they do need to consider it and provide a concise explanation if they decline). It does seem that she would be going from full time to part time, which she can request, but again, her employer doesn't have to agree to that either

Takeaway_Addict

ste_wilko wrote: »

Yes they can. Contracts do not have to be written. But as she has been working there for more than a month she should have received a statement of particulars. This sets out her holiday allowance, notice period and other standard requirements, but it is not the contract.

If she agreed to go full time last year and her employer accepted, then they have entered a contract. If she is now no longer to fulfill that contract she can be dismissed, I suspect they need someone to do the hours that she does currently.

They also do not have to offer her any hours at all if she cannot fulfill the contract.

She has the right, under employment law, to apply for flexible working times. However, her employer doesn't have to uphold and agree to the request (they do need to consider it and provide a concise explanation if they decline). It does seem that she would be going from full time to part time, which she can request, but again, her employer doesn't have to agree to that either

Ste. its within 2 months that the employer has to get the written particulars to the employee but really there is little that can be done if they don't

https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars

I would put a formal application in for flexible working stating how it would hope the company employing two part time people rather than one full time (NI earnings possibly being less, flexibility etc). The employer may still say no though and the only form of redress is an employment tribunal and even then you cannot force the employer to allow the part time work

emilyjade

Many thanks for all your advice, will pass it on to her.