unfair dismissal?

[sunflower68]

My ex just got fired! He was in sales and completed his sales targets satisfactorily however has had to take the last 3 weeks off for a perforated disc and then swine flu.

It seems he was instantly dismissed this morning with a months' basic pay. Can they do this? He has only been there 5 months unfortunately.

[Lynsy1]

Well I'm no expert in the matter but I think they should have given him at least a months notice. Did they give him any notice? x

[Lynsy1]

If I was you I would either goto a solicitor to check if this is legal or go to your local Citizens Advice Buerau.

http://www.citizensadvice.org.uk/

hope this helps

xox

[sunflower68]

thanks we have been looking, problem he has is the short time he has been there. He was given a months' notice but told he didn't need to work it. Well he makes his money on commission so wanted to work it!
Thanks Lynsy

[Lynsy1]

Your welcome Sunflower68,
I'm sorry I couldn't have helped more but I wanted to offer a helping hand as to what I would do. Maybe some other people on AB may know more? Guys?

Love From
Lysny xox

[factor-fiction]

The employer can dismiss an employee for almost any reason during the first 12 months and the employee cannot claim unfair dismissal except in very limited circumstances. Dismissal for absence, even without warning, is perfectly within the law for new employees. He should receive notice though.

[sunflower68]

thanks factor 30 it is such a bummer he was doing so well and we dreaded this to be the case but it looks that way. What is annoying even more is that a sacking can affect his claim for jobseeker's allowance : {

[Twenty20]

Sorry to hear about him being dismissed but it is perfectly legal so long as it's not done on racial, sexual orientation etc etc grounds.

As they've given him a month's pay in lieu of notice it looks like it was done within the Law.

Good luck, hope it works out.