My poor sis has just been fired. Can they do that??

[Nosha123]

Aaah my poor little sis just called me in shock.
She started a new job in Nov last year.. and was really enjoying it... However they just called her into the Boss's office and fired her on the spot. She hadnt had any warnings prior to this...

I always thought that you had to give verbal or written warnings - unless the employee had committed an act that was worthy of instant dismissal (such as theft).

She is soooo upset.. and their excuse was that they felt she wouldnt be happy there long term and that their agency wasnt right for her...

She was outside of the 3 month probationary period... can they do this?

I realise there are probably 2 sides to this story - but if it has been handled the way that she describes I think the management could have done a better job and been a bit more specific.

[Nosha123]

I hasten to add - she didnt thieve anything from them.... !

[McMouse]

<<and that their agency wasnt right for her>> Was she a contractor?

[squarebear]

They can get rid of anyone they like before they have worked there for a year. Sorry.

[yogi-bear]

Sorry to hear about your sister, Nosha.

I would have thought that in order to terminate her employment a better reason then the one they gave her would be required. Just sounds odd to me.

I would, firstly, get her to contact the CAB ( citizen's advice bureau ) and inform them what happened and see what they say. Best of luck.

[Nosha123]

She was full time employee not a contractor or freelancer or temp...
I always thought that there was a 3 mnth probabtion period and beyond that it was quite hard to get rid of someone instantly (unless for gross misconduct).. I thought the employer had to do the verbal warning.. written warning then dismissal..
They dont seem to have given very good reasons... but maybe she was in shock and didnt take it in very well. I think she could perhaps ask them for a meeting to discuss in more detail... or at least have it in writing.
Poor girl... she's never been fired before and is gutted

[yogi-bear]

"They dont seem to have given very good reasons..."

Thats exactly what she needs to find out, Nosha.......why they terminated her employment?..............get her to contact CAB as i mentioned, as they will perhaps look in to it or advise.

I repeat that i'm so sorry for your sister's predicament, and it seems that in this day and age, the employer has the upper hand in some companies. I have 4 really good people working with me and would'nt dream of ever treating them with disregard and disrespect.

I wish her all the very best in this matter and hope she gets back on her feet very soon. x

[seadogg]

When it happened to a pal he asked for a meeting with the management accompanied by a "friend" who was a union rep They agreed but it didn't do him much good I'm afraid. Sounds as if they were letting her down lightly with that statement about being happy long term. To be honest I've used the same words to somebody who just wasn't up to the job. Rotten for her though.

[LoftyLottie]

Very unfeeling. Even if they are acting within employment law, it would have been kinder to have had earlier meetings with her to discuss how things were going - not this bolt out of the blue.

She needs to contact ACAS by telephone and discuss it with them. They will tell her straight away whether the company was acting within employment law. Easier and better than the CAB in my opinion. There advice will be spot on!! They would be my first port of call.

http://www.acas.org.u...x.aspx?articleid=1410

[Hazel104]

Unfortunately, unless there is any provable discrimination, as in race, age involved then there is nothing an employee can do within the first year, even if the dismissal is unfair.

She should be paid for her notice period (whatever that is set out in her contract) even if she does not work the notice period if they ask her to leave immediately and any holiday owed etc.

[LoftyLottie]

Redhelen, Nosh has said she was outside of the 3 month probationary period.

[Nosha123]

Thanks everyone..
Apparently the previous girl she replaced, left as the hours were too much - no social life and never saw her boyfriend. My sis has done a few 'midnights' in last week (event management so organises it all then attends the event). And I think the company thought she wasnt coping well perhaps.
Sadly she forgot to take her contract home.. and left it there in her rushed departure! SO cant check what the terms are.

Perhaps this one just needs to be put down to experience eh!
Really appreciate all your kind advice - You are all TOPS!!!
Have a fab week!

[Hazel104]

The probation period makes no difference I'm afraid.

They could have said -'we just don't like you' and there is nothing she can do, it is really not nice. At least she has seen the companies true colours now.

[LoftyLottie]

Yep, best away from a company like that. Heartless!! This could have been handled in a much gentler way instead of it coming as a great shock.

I hope she finds something nice soon Nosh x

[Nosha123]

Thanks all.. I have explained to her maybe its for the best... she has hardly seen her boyfriend lately due to working late.. so whether she would have wanted to continue working like that I doubt it....
She is at my house now chilling til I get home... and she is feeling a bit less shell shocked now too.
She is going to try to get back there to pick up a couple of personal effects she forgot and also her contract so will see where she can go from there.
I doubt any kind of legal route is going to benefit her...
She already has a jobseekers appt tomorrow too to sign on again.
Poor girl.. took her over 100 job apps to find this one! Lord knows how long to find another!!!

[bushbaby_de]

Employment law states there is no right to redress if employment is terminated within the first year. However if her contract stated different terms she may be able to claim for breach of contract.

[factor-fiction]

The three month probation period is not relevant. It is meaningless in my experience. As others have said an employer can dismiss someone for almost any reason (exclusions include racial discrimination) if they have less than a year's service, provided the contract doesn't specify otherwise. The employer should pay any notice period though

[joko]

unfortunately she may well be suspected of theft - something has probably gone missing - but with no proof, they cannot accuse so they have just made something up

i am a freelance and i believe it has happened to me...but theres nothing i could do...i knew something was up because of vibes, the gossip of things being stolen and being asked to leave slightly early, even though knowing i had been doing a good job...i was once even irately told i was not allowed to leave the room until my belongings were searched as someones wallet had gone missing...(from an open bbc white city studio, that anyone of the 1000s of staff could walk through) I had nothing on me of course, but as i had been in the area all day i was suspect number 1...then i suspect they even set a trap for me!...they placed a nicely layed out fan of about 10 £10 notes on a desk and left them there with me, alone, for hours...presumably hoping theyd catch me with them...(at least thats what i think they had done- i may be being paranoid)
i covered them up and told the girl how daft she was - didnt she know there was a thief about!...i was glad to leave after that ... that suspicion would probably have never died unless they caught the thief...(id like to think they did after i left and feel suitably guilty for their behaviour)

other time bizarrely, a bob the builder model head disappeared! of course again as the newbie i was supected...no idea what id want that for haha

the suspicion always falls on the new person - and unfortunately some longer members of staff know that - and they wait until a new person arrives before stealing anything, knowing people will automatically blame the newbie - as it never happened until they arrived - right?

if it is that, its sad but without an definite accusation she cannot defend herself