tribunal

[ebambie]

My mother in law is about to face a tribunal with regards to her sacking someone by tx message, what do you think the worse likely outcome is likely to be? could she settle it by offering cash lump sum, and if so how much. Its a small hairdressers that she runs and the girl she sacked wouldnt answer her phone on the day of dismissal. Any advice greatly appreciated. thanks

[kazza12345]

what is the girl after? If she is after an apology and money, it might be best to get it over with that way is she after reinstatement?

who is running this tribunal?

[laurence2]

So your mother-in-law thought she was above the law then, I can,t comment on the girl, but to many small business look at their employees as HAVING NO RIGHTS. Most of these people are not in any kind of union, and i'm sure your mother-in-law had a reason for sacking her { interesting to find out tho}, But by tx message thats Discraceful.

Well i hope the tribunal sees fit to give your mother-in-law the appropriate sentence, GIVE HER THE SACK with her business

[ebambie]

Her boyfriend wrang in to say that she was poorly and couldnt attend work, although she had been seen out the night before drinking!!! when my mother in law tried to contact her by her mobile and her house phone she wouldnt answer. She had done this on for seperate occasions in the last month. So Lawrence whoever you are keep you opinions to your self, I was looking for advice not for comments like that you jumped up ediot!!!!

[xrayspecs]

What you wanted was sympathy for you mother in law. Frankly someone so low as to sack someone by text message deserves everything she is going to get at the tribunal. You can't sack someone for being off sick. as for being seen out the night before.. so what? It's not a crime to go out on a work night! Your mother in law needs a crash course in employment law and employee relations.

[ebambie]

Dont think I wanted sympathy really!!!!!! why would I want that?? Just advice is all I wanted. We are fully aware that it was totaly the wrong thing to do, and I wish I could turn back the clock for her, but its done now. Anyway thanks for taking the time to read and reply, its obvious its got a few peoples backs up by even asking this so I wont be checking out any more replies regards ebambie

[mightyWBA]

I run a small business,and the law states employees must receive written warnings over their conduct before dismissal.I can understand your mother in laws exasperation with regard to this employees behaviour,however,they will only concentrate on the fact she was sacked by text message.

Tribunals usually base awards for unfair dismissal on salary, and can award damages. Costs also have to be paid.

Since the sacked person was a hairdresser salary wouldn't be that high,its the costs and any damages,in a worse case senario,that are tricky.

Without knowing the character of the claimant its hard to judge,but I would settle before a tribunal,unless you are confident of winning!

Always start the offer low ,she'll never accept the first one.

Alternatively bite the bullet and give her her job back,but make sure she's self employed.

[Emily Ball]

ebambie, please don't be put off by the somewhat unhelpful answers you have received so far. Your mother-in-law was presumably very frustrated with the girl and sacked her by text (as she could reach her in no other way) in the heat of the moment. Small businesses can soon go down the pan if employees cannot be relied upon to turn up for work. It will help your mother-in-law's position if she can prove that the girl was unreliable previously and that this was the last straw. I probably don't need to tell you that of course the proper procedure for dismissal should have been followed but we are none of us perfect and these things do sometimes happen. Whether your m.-in-l. settles it 'out of court' as it were might well depend on the employee's length of service, previous behaviour at work and any previous warnings she may have been given and on the consent of the employee herself.

[laurence2]

Emily, what were the UNHELPFUL answers then, as being a union rep myself i fail to see why you side with the women, How would you like to be sacked by txt, also if ebambie would of gave us more details about the girl i would of explained some what different. but all i got called was an idiot

[undercovers]

i didn't realise that it was against the law to sack someone by text message - what difference does it make? would an email be ok, a phone call ... why not a text message then ... its a bit impersonal but i'd be amazed if it was actually illegal (if i'm wrong please could someone point me to the relevant legislation).

NB you can only claim unfair dismissal if you have worked there for over a year... might be useful to know in this case - maybe

[Goodsoulette]

I think the point is that it has not been proved that the girl was anything other than ill. Was her drink inspected, can it be proved she only didnt come in because she was hungover. I have been out on the town eaten a dodgy burger and then been in hospital with chronic food poisoning, should I have been sacked?At the end of the day she could have waited till the next day she came into work. Bet shes only an apprentice who has to clear up all day long, make tea, and work like a dog for a poxy �40 a week.

Crikey, if i sacked everyone that had phoned in sick when they were hungover I would have NO staff. You talk to them when they come back, make them feel really bad, make them do all the crappy jobs. Give them a chance to prove themselves.This is normally enough.

[Goodsoulette]

I think she will be expected to offer her job back and reimburse any loss of earnings. Sorry for above rant but as you can tell it annoyed me a bit and got side tracked. At least your mother in law wont be doing it again, god damned mobile phones, ey!!