Unfair dismissal?

[Fredxx]

A friend of mine has been sacked for taking a day of to visit A&E. She
phoned them at the time and has a letter from A&E. She turned up for
work today and told she's been sacked as she turned up.

She's not been working long and only been working part time. I'm not
sure if she'd worked a equivalent of a full week to get one weeks notice?

Would she have to be given the reason in writing? Do they have to be
given a reason?

I doubt she has any rights apart from looking for another job.

[Nightjar]

During the first 12 months of employment, she can be dismissed without
any reason being given. If she has been continuously employed for at
least one month, then she is entitled to the statutory minimum of one
week's notice.

Colin Bignell

[Frederick Williams]

Fredxx wrote:
>
> A friend of mine has been sacked for taking a day of to visit A&E. She
> phoned them at the time and has a letter from A&E. She turned up for
> work today and told she's been sacked as she turned up.

Was she dismissed _because_ she took a day off to visit A&E? What did
she visit A&E _for_?

--
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Adorning every public street
And seem to breathe in stone, or
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[NotMe]

On Jun 23, 4:08 pm, Nightjar <c...@insert.my.surname.here.me.uk>
wrote:

http://www.direct.gov.uk/en/employment/redundancyandleavingyourjob/dismissal/dg_10026619

That is changing to two years for anyone starting after 6th April this
year.

[Paul Cummins]

We were about to embark at Dover, when c...@insert.my.surname.here.me.uk
(Nightjar) came up to me and whispered:

> During the first 12 months of employment, she can be dismissed
> without any reason being given. I

Unless she is dismissed for a statutory discriminatory reason, such as
Disability, Sex, Sexuality, Race, Age etc...

Did she go to A&E due to an ongoing disability?

--
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Wasting Bandwidth since 1981
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please sign this http://bit.ly/sKkzEx

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[Nightjar]

On 25/06/2012 01:54, Paul Cummins wrote:
> We were about to embark at Dover, when c...@insert.my.surname.here.me.uk
> (Nightjar) came up to me and whispered:
>
>> During the first 12 months of employment, she can be dismissed
>> without any reason being given. I
>
> Unless she is dismissed for a statutory discriminatory reason, such as
> Disability, Sex, Sexuality, Race, Age etc...

That is why the employer is better advised not to give any reason.

Colin Bignell

[GB]

But if taken to a tribunal, could they just refuse to give a reason?

[Nightjar]

By that time, they ought to have benefit of legal advice and anything
they plan to say will have been carefully scrutinised. That is very
unlikely to happen at the dismissal stage in any but the largest
companies, so saying nothing is better than saying something that might
be misconstrued.

Colin Bignell

[Fredxx]

On 24/06/2012 18:42, Frederick Williams wrote:
> Fredxx wrote:
>>
>> A friend of mine has been sacked for taking a day of to visit A&E. She
>> phoned them at the time and has a letter from A&E. She turned up for
>> work today and told she's been sacked as she turned up.
>
> Was she dismissed _because_ she took a day off to visit A&E? What did
> she visit A&E _for_?
>

In effect - yes. As her attendance was then below the store's average
for employees. I'm guessing but wondering if they took on more
employees than they really needed and sacked the less "performing" ones.

It was a a minor fracture, for which she has written note from the hospital.

[Fredxx]

On 25/06/2012 01:54, Paul Cummins wrote:

> We were about to embark at Dover, when c...@insert.my.surname.here.me.uk
> (Nightjar) came up to me and whispered:
>
>> During the first 12 months of employment, she can be dismissed
>> without any reason being given. I
>
> Unless she is dismissed for a statutory discriminatory reason, such as
> Disability, Sex, Sexuality, Race, Age etc...
>
> Did she go to A&E due to an ongoing disability?
>

I guess a minor fracture is not an ongoing disability!!

[Partac]

"Fredxx" wrote in message news:js9nqr$kvr$1...@dont-email.me...

Hang on a minute, have I read this right? When you now say that her
attendance was below average for other employees, does this mean that she
already had a track record of absenteeism?
If this is indeed the case, then she could hardly be surprised.

[Stephen Wolstenholme]

It can be if it's not treated quickly at the A&E.

Steve

--
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[Stephen Wolstenholme]

On Mon, 25 Jun 2012 14:14:54 +0100, "Partac" <any...@tiscali.co.uk>
wrote:

If you must use Microsoft Windows Live Mail please indicate your
quotes because it's not automatic.

[Fredxx]

No - I believe this was the first and only time she had off sick, or
away during her working hours. Since she was only working part time,
and for just a short while, one day off was a significant proportion of
her worked time.

[Frederick Williams]

Fredxx wrote:

>
> No - I believe this was the first and only time she had off sick, or
> away during her working hours. Since she was only working part time,
> and for just a short while, one day off was a significant proportion of
> her worked time.

How utterly obnoxious that an employer should object to an employee
going to A&E to have a fracture seen to!

If she's part time and not been employed for long she probably has no
rights at all. But just in case she does, how about a visit to the CAB?

[®i©ardo]

So, how many days did she work per week and, on those days, how many
hours? Also, when did she sustain the injury, relative to those working
days, was it in the course of one of them?

--
Moving things in still pictures