Getting fired for threat from ex-partner

jobbingmusician

Dunno, but worth asking equalities commission. It seems logical to me that it is indirect discrimination! If the 'boss' has been stupid enough to say in writing that the sacking is because they don'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, then I would think you've got a good case!

d.mahoney95

jobbingmusician wrote: »

Dunno, but worth asking equalities commission. It seems logical to me that it is indirect discrimination! If the 'boss' has been stupid enough to say in writing that the sacking is because they don'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, then I would think you've got a good case!

I'll definitely get her to pursue that. thank you very much!

Undervalued

d.mahoney95 wrote: »

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.

I rather doubt they have. The normal legal advice, with less than two years service, would be not to give a reason at all. Apart from the handful of types of discrimination prohibited by law they can dismiss for any reason or none at all. They are not obliged to give a reason even if asked and it is generally safest not to.

d.mahoney95 wrote: »

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?

Unless they argue it amounts to gross misconduct then she is entitled to one week's notice unless her contract specifies more. They must also either allow her to use any accrued holiday of pay her for it if they prefer.

Undervalued

d.mahoney95 wrote: »

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?

I very much doubt it.

Whilst mental health problems can amount to a disability for employment law purposes it is far from automatic. It would also need to have been formally brought to the employer's attention (or it would need to be obvious to a reasonable employer). Even then that would only entitle her to "reasonable adjustments" it is in no way a "bullet proof vest".

Undervalued

jobbingmusician wrote: »

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.

Well they are certainly getting some terrible legal advice (if indeed they are actually getting any).

No solicitor would advise them to pay a penny more than they were legally obliged to unless it was in the form of a settlement agreement (formally a compromise agreement).

I think the sex discrimination argument is a long shot to say the very least!

agrinnall

I'd take the 8 weeks notice pay but also insist on an agreed reference then find another job.

Takeaway_Addict

I agree with Undervalued, take the 8 weeks, ask for an agreed reference and move on. Jobbing Musician is offering false hope IMO, its a tenuous attempt to gain cover for which you would need to go through a tribunal and realistically you are not going to do this when it can potentially cost, it will take months and is generally quite stressful.

Takeaway_Addict

Undervalued wrote: »

Well they are certainly getting some terrible legal advice (if indeed they are actually getting any).

No solicitor would advise them to pay a penny more than they were legally obliged to unless it was in the form of a settlement agreement (formally a compromise agreement).

I think the sex discrimination argument is a long shot to say the very least!

HR companies would suggest best practise regardless of the 2 years but they would also mention there probably isn't that much of a risk but if the employer doesn't follow the best risk then any insurance with the HR company they have might not be valid if a claim is brought against them.

Hence, safe than sorry regardless of the time at work.

FBaby

Why did she have to tell all her story, especially after what had happened? Couldn't she just call in sick and that's all? I really don't understand why people feel the need to tell their personal matters to people who have no need to know and can only use it against them.

Ronaldo_Mconaldo

These stories by new posters are getting more wretched and pathetic as the days go by. This company exists to make money, provide employment and take care of animals. The poor life choices of their new staff should not be any problem to them. Tell your sister to stop wasting their time.