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Immediate dismissal with or warning!!!
cola109
Posts: 37 Forumite
Hello, any good advice is very much welcomed.
A friend of mine has been working for a retail clearance company, since April 2014, up until yesterday.
On Monday he came into work and was told that the directors and higher management would be coming into the office, which he was told about a couple days prior. When they came in, they had meetings with the store manager, for the branch he works at, and was then told by the directors that the store would be closing.
He and his colleagues were told that there were other positions available, in other branches (which are very far from home). At this point, he wasn't exactly when the store was closing.
Tuesday, he went to work and the directors and higher management came in again, and said they regret to do this, but the store is closing with immediate effect. So they locked the doors and said that's it. By 14:00 the store was closed, and my friend hadn't completed his usual 10:00 - 18:00 shift.
Surely this cannot be right? I understand that maybe he may not be entitled to redundancy pay, but he wasn't given notice about the store closure. What makes matters worse is that there are a few people on holiday, who will come back to find themselves jobless. What can be done? What do you think his new moves should be?
I have told him to dig to his employment contract so we know what to do going forward.
Please help and advice if you can.
Thanks in advance
A friend of mine has been working for a retail clearance company, since April 2014, up until yesterday.
On Monday he came into work and was told that the directors and higher management would be coming into the office, which he was told about a couple days prior. When they came in, they had meetings with the store manager, for the branch he works at, and was then told by the directors that the store would be closing.
He and his colleagues were told that there were other positions available, in other branches (which are very far from home). At this point, he wasn't exactly when the store was closing.
Tuesday, he went to work and the directors and higher management came in again, and said they regret to do this, but the store is closing with immediate effect. So they locked the doors and said that's it. By 14:00 the store was closed, and my friend hadn't completed his usual 10:00 - 18:00 shift.
Surely this cannot be right? I understand that maybe he may not be entitled to redundancy pay, but he wasn't given notice about the store closure. What makes matters worse is that there are a few people on holiday, who will come back to find themselves jobless. What can be done? What do you think his new moves should be?
I have told him to dig to his employment contract so we know what to do going forward.
Please help and advice if you can.
Thanks in advance
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Comments
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He is entitled to payment for whatever period of notice is specified in his contract (or one week if there is no notice period specified) plus payment for all untaken holiday.
That is it I'm afraid as with less than two year's service he has no protection against unfair dismissal or any entitlement to redundancy pay.0 -
WOW shocking!!! He is getting the untaken holiday pay and pay up until February I think. But surely there must be something!
It just seems to unfortunate to wake up one day, walk into work, for it to be your last, AND you didn't see it coming.0 -
If it wasn't busy enough it should have been a good clue.WOW shocking!!! He is getting the untaken holiday pay and pay up until February I think. But surely there must be something!
It just seems to unfortunate to wake up one day, walk into work, for it to be your last, AND you didn't see it coming.
But no, no other payments as he's not worked there two years for either a redundancy payment or a claim of unfair dismissalDon't trust a forum for advice. Get proper paid advice. Any advice given should always be checked0 -
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WOW shocking!!! He is getting the untaken holiday pay and pay up until February I think. But surely there must be something!
It just seems to unfortunate to wake up one day, walk into work, for it to be your last, AND you didn't see it coming.
His holiday entitlement should be calculated for the period ending on his final day of employment.
If they gave him "immediate" notice on Tuesday, 27 January, then his final day of employment would be Tuesday, 3 February, the seventh complete day after receiving notice.
Did he receive notice in writing or just oral notice? What do his written particulars of employment say about notice? That is, do they specify notice in writing? Contractually was he due to longer notice?0 -
LittleVoice wrote: »
If they gave him "immediate" notice on Tuesday, 27 January, then his final day of employment would be Tuesday, 3 February, the seventh complete day after receiving notice.
Did he receive notice in writing or just oral notice? What do his written particulars of employment say about notice? That is, do they specify notice in writing? Contractually was he due to longer notice?
Notice begins the day AFTER it is issued.0 -
Undervalued wrote: »Notice begins the day AFTER it is issued.
That's correct. So if notice was given on Tuesday, 27 January, it runs from Wednesday, 28 January and ends with the last day of employment on Tuesday, 3 February. (I think that fits with that which I wrote earlier.)0 -
Thanks for your help all
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Seen it done worse, once the people came in for their shift to find the office locked up and just a note in the window saying their jobs were gone and the other in a call centre where they closed the telemarketing team and moved a customer service team into their space but didnt tell the telemarketing guys so when they came in on Monday their desks had all been reconfigured and people were say in them. Just the managers desk was untouched and there was a note in their draw saying to clear it by lunch and everyone elses personal effects will be posted to them.
They will have to be paid the appropriate notice depending on the length of service they may be straightforward dismissals or it may be redundancies.0
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