On-the-spot sacking (UK)

[CannonFodder]

@moto

It depends if she has worked at the company for more than 12 months IIRC (It was 24 months under the Tories!).

If not, then they can sack her for any reason they want (barring discrimination) and don't have to give a reason or notice period.

[CannonFodder]

Agafaster wrote:
 :-(

CannonFodder wrote:
@moto

It depends if she has worked at the company for more than 12 months IIRC (It was 24 months under the Tories!).

If not, then they can sack her for any reason they want (barring discrimination) and don't have to give a reason or notice period.

that sort of thing will be written down in either a contract, or a statement of employment particulars. usually, there is a notice period of 4 weeks, or 4 weeks pay in lieu.

Only if you have been employed for 12 months.

Anything less and they can pretty much do what they like.

[CannonFodder]

PMC wrote:

CannonFodder wrote:

Only if you have been employed for 12 months.

Anything less and they can pretty much do what they like.

No, that's a misconception.  Remember there is transfer of undertakings going on here...  She was employed by one company which has been taken over by another.  The law recognises no break in employment.

Erm, no one suggested otherwise.

Standard terms are set out in a contract of employment (which incidentally MUST spell out the grievence procedure).  However, they do not and cannot affect and employee's statutory rights.

An employee may claim for unfair dismissal if they have been employed less than a year - ie pregnant female staff can claim sexual discrimination if they are dismissed for any reason brought about by pregnancy, ergo is automatically sexual discrimination.

Hence why I wrote:

It depends if she has worked at the company for more than 12 months IIRC (It was 24 months under the Tories!).

If not, then they can sack her for any reason they want (barring discrimination) and don't have to give a reason or notice period.

From what moto has written they are sacking her because she refuses to change jobs. If she has worked at the company(regardless of who owns it) for more than 12 months she probably has a strong case for a tribunal.  If she hasn't worked there for 12 months or more then she's most likely screwed.

@moto
Might be worth looking here