Unfair dismissal

[DebsyDoo]

A friend of mine has been unfairly dismissed, but has been told he cannot take the company to an industrial tribuneral, as he didn't work for the company for a year - so what else can he do ? Does anyone out there have any information on what route he may be able to pursue ?

[bednobs]

as far as i know, none. Within the 1st year of employment your employer can sack you for any reason i think, or even no reaon

[DebsyDoo]

Surely that can't be so ?
I know they have to follow certain proceedures, which is what they haven't done !

[bednobs]

did they give him th right amount of notice?

[bednobs]

i copy buenchico's answer from a previos post. i usually trust his answers
"Within the first 12 months of employment an employer is free to dismiss any employee for any reason whatsoever (or even in the complete absence of a reason). There are a few limited exceptions to that rule
Chris"

[jrobinson200]

youd be suprised what they can get away with. i had to take mine to employment tribunal, and the main thing that shocked me was if your claim is under �600 once it gets to the period of notice they have to pay you, and they dont pay, there is nothing you can do!!! �600 is some money for normal people!
also the time periods the eployers get are ridiculous. tbh i dont thnk there is anything your friend can do with not being employed for a year, but go to citizens advice and they will help. or a lot of emploment solicitors give a free consultation

[Stu Dent]

Yes and no.

Whilst it is true that your friend cannot make a complaint to the Employment Tribunal Service, he still has the option of raising a Wrongful Dismissal/Breach of Contract action against his former employers.

Employment Law is basically just another (enhanced) branch of Contract Law. So although there is no legal remedy under employment law in this particular case, contract law may provide your friend with a remedy. So how do we know if the employer has breached their side of the contract (or wrongfully dismissed the employee), I hear you ask?

Two things are necessary:

1. The employer terminated the contract of employment without notice or without adequate (agreed) notice.

2. There was no justification for terminating the contract - i.e. Gross Misconduct did not take place.

Unfortunately the only remedy available to a wrongfully dismissed employee is 'Damages'. In effect the wrongfully dismissed employee can only claim lost wages for the duration of the contractual or statutory required period of notice - unlikely to exceed one month. It may not be worth pursuing - especially if there is a possibility of gross misconduct being argued by the employer.

[Eve]

An exception if there is under one year's service is discrimination...

http://www.direct.gov.uk/en/Employment/Discrim inationAtWork/DG_10026557

As said above, there are also potential claims for any breach of contract though remedies are appropriate to those claims eg not paying required notice, holiday pay etc...

[Eve]

ACAS has some useful guidance too...

http://www.berr.gov.uk/whatwedo/employment/emp loyment-legislation/employment-guidance/page18 474.html

[DebsyDoo]

Thankyou all for your answers - I have been on the phone to someone who used to be a union "rep" for the last hour or so re: same & he can - by all accounts pursue the matter through the civil courts, much along the lines of what Stu has said - because 1) they did not give him any notice, thereby instantly dismissing him (which is only acceptable in cases of gross misconduct (which his wasn't) 2) they did not follow the basic requirements (for the procedure) as set out by the employment law 3) the "offence" commited was no different than that which many others within the company commit on a regular basis & 4) at the appeal, the so-called "impartial" manager let slip that the descision was not his - therefore basically admitting that the hearing was not only unfair, but also a farce !

[themas]

Before you start down the Court route (which could be expensive unless he has a Union willing to stump up the costs) talk to ACAS.

There could possibly be a case for claiming Wrongful Dismissal. This is not the same as Unfair Dismissal & I believe the 1 year rule does not apply. If you can proceed with Wrongful Dismissal then it can go to an Employment Tribunal. ACAS should be able to advise you.

[DebsyDoo]

Thanx Themas !

I will have a look at that option - it seems so unfair that in this day & age any company can get away with treating someone in this manner !

Thanx again !