RoShamBo

iTrader: (1)

Hi

Just checking if anyone knows an employees rights after 1 year in a job?
I have been told (not sure if true) that up to a year an employee can be dismissed instantly, but after a years service they have to have warnings (written / verbal etc) before being dismissed.
Not sure how true this is - anyone know? I am finding out for my wife who is a little concerned at work at the moment.

Cheers.

stilover

Why?

What's she done?

Klaatu

Check her employment contract. *sigh*

RoShamBo

iTrader: (1)

She hasn't done anything (thats probably the problem!!) only joking.

The firm has a real "hire & fire" culture and she has seen many people come and go, so would like to know where she stands.
Her contract isn't very specific about this.

Klaatu

It has to be, or she can take a claim to the emplyment tribunal.

RoShamBo

iTrader: (1)

Will double check.

Dr.No

Tosh.... nothing really to do with employment contract unless it explicitly states that they will keep her employed for a certain period of time (ie it's a fixed or minimum length contract of employment). If it's a standard contract of employment for a permanent employee then this won't be stated.

Basically they can do just about anything within reason within the first 12 months of employment. You have to have had 12 months of continuous service to be entitled to bring an Unfair Dismissal case, and hence if they don't like her looks, smell or anything else - it'll be fair game and they can 'let her go' for any old reason they wish to cook up and there's not much you can do about it. After 12 months then Unfair Dismissal cases can be brought, so she has some protection.

There are exceptions to this 12 month rule:

a) If the dismissal is connected to the employee's Trade Union activities, carried out at an appropriate time, (this is usually out of work hours or during work with the employer's permission. This does not include strikes or working to rule).

b) The employee is dismissed for belonging to a Trade Union.

c) The employee is dismissed for refusing to join a Trade Union.

d) Dismissal was connected with the employee's pregnancy and maternity rights.

e) Dismissal of shop workers or those who work in the betting industry who object to working on Sundays.

f) Dismissal relating to a worker asserting their rights under employment laws.

g) Dismissal of an employee observing health & safety rules.

h) Dismissal of a worker elected as a representative for collective redundancy or transfer consultation purposes.

i) Dismissal of an employee for making a protected disclosure - "whistle-blowers".

Also if an employee is dismissed just before the 1 year period, for example 1 week before, an Employment Tribunal can add on the minimum notice period that the employee is entitled to [1 week) to give the employee the necessary 1 year.

This is done because Employment Tribunals realise that some employer's try to dismiss employees just before they qualify or threaten to do so to gain an advantage in for example pay talks.

This extension will not be given if an employee is dismissed for a serious reason, for example theft.


Basically, within 12 months, she has pretty much zero protection from a "hire and fire" organisation if that's what they chose to do. Is she inside or outside of the 12 month limit??? If she's outside of 12 months then she's a little better protected, and can bring unfair dismissal. Often "hire & fire" companies will offer financial incentives for full & final settlement of the employees contract of employement (ie. 10 grand now and you bugger off and waive all rights, 1 months pay if you want to fight it... up to you)

Good luck!

DN

RoShamBo

iTrader: (1)

Great thanks DN - exactly what I was after - she has been there nearly 18months so looks like she has a little better protection than <12 months.

Thanks again.