Getting fired for threat from ex-partner

d.mahoney95

Hi there,

I'm new to the forum, so I apologise in advance if this isn't located in the correct area. But I am in need of some urgent advice for my sister-in-law.

She works part time at a veterinary surgery, where the managers appear to be trying to fire her on no grounds. The last time they tried was because she had to go off due to mental health, but the grounds for a final warning that they gave her on that were unfounded and I critiqued them and rendered them invalid through a series of written evidence and the fact that the manager had been in breach of both the data protection act with regards to my sister-in-law and had not followed any standard procedure in her warning letter. In the end they requested that she drop her appeal and that her final warning would then be effectively forgotten. She wanted to do so, and I helped word a letter that made it clear that she was only dropping it provided that she had an effective clean record. They accepted that and said they were happy with the letter.

However she called in today to tell them about a personal situation whereby an ex-boyfriend was threatening her, her new boyfriend and myself (for various reasons), he has a violent history, but other than allowing him weekend access to their daughter, she has no contact with him. One of the team members there told her to have the day off, but now she has received a call telling her that she is fired.

The basis of the firing is that the manager doesn't want her ex coming to the surgery or for the police to come there because he's worried about his business' reputation and safety of his employees. From my understanding this is not a fair dismissal as my sister-in-law has no control over this, she is not in a relationship with him and he has not been into or anywhere near to the surgery. It seems that they are just looking for any means to get rid of her, which from her understanding is due to the fact that they are very low on money (the vet surgery doesn't even stock most medicine anymore apparently as they cannot afford to keep it in stock).

Surely a threat could be made against any person in any job and it is beyond that persons control, therefore surely it cannot be grounds for dismissal. Any advice from anybody with knowledge of this area would be fantastic.

Thank you very much, in advance!

Bantex_2

To be honest, she sounds like trouble.
How long has she been working there?

d.mahoney95

She's been working there for 6 months. Things were absolutely fine until very recently. She was ill after the loss of a family member. This latest issue is not her fault at all, so I don't see what she can be fired for. She hasn't committed any sort of misconduct. She has always gone through the proper channels and they have now tried bullying her into taking a few weeks pay and leaving rather than getting fired, because they know that there is no grounds for firing and that they would be chased for unfair dismissal.

getmore4less

Why on earth are they faffing around they can just give notice and she is gone.

you can't do unfare dismissal with just 6 months service.

d.mahoney95

If that's the case then I don't see why they've treated her the way that they have. There has been bullying and coercing to try to get her to go. Surely if there was no risk of that, they would just be nice about it.

Bantex_2

d.mahoney95 wrote: »

If that's the case then I don't see why they've treated her the way that they have. There has been bullying and coercing to try to get her to go. Surely if there was no risk of that, they would just be nice about it.

Maybe they are scared at what her ex may do.

General_Grant

d.mahoney95 wrote: »

If that's the case then I don't see why they've treated her the way that they have. There has been bullying and coercing to try to get her to go. Surely if there was no risk of that, they would just be nice about it.

If it is a small vet practice they may simply not realise that they can dismiss her as easily as they can. If they are in financial difficulties they may not have wanted to pay for legal advice which would have confirmed it.

jobbingmusician

Also, the previous attempt to sack her sounds like a case of disability discrimination waiting to happen. This isn't related to a disability or other protected characteristic*, so, sadly, I have to agree - they can legally fire her for nothing at all.

*a thought. There might be mileage in claiming that she is being sacked for domestic violence, which disproportionately affects women, so it is indirect sex discrimination. Maybe worth contacting http://www.equalityhumanrights.com/

d.mahoney95

Thanks for that General Grant, but they have definitely been to their solicitors regarding it as all letters have been passed to them, or at least that is what they have said.

What notice if any would they have to give her? After her telling them that she didn't feel they could fire her on the spot with nothing, they've now offered 8 weeks pay. Is that the norm?

jobbingmusician

No. What does her contract say about notice? It would normally be a week or a month. They are feeling guilty!

See above for a possible way forward re sex discrimination.

d.mahoney95

jobbingmusician wrote: »

Also, the previous attempt to sack her sounds like a case of disability discrimination waiting to happen. This isn't related to a disability or other protected characteristic*, so, sadly, I have to agree - they can legally fire her for nothing at all.

*a thought. There might be mileage in claiming that she is being sacked for domestic violence, which disproportionately affects women, so it is indirect sex discrimination.

That's an interesting point. She has been a victim of domestic abuse previously with said ex, hence her mental health. Is that something that could legitimately be pursued?