Minimum legal notice period?

Soldato
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When getting summarily dismissed! i.e gross misconduct.
Contract states 3 months in normal circumstances but gov site a little vague on dismissal.
Is it really 0
As I find that a hard pill to swallow, after ten years service!

Oh and its not me, i'm asking for a friend. :D
 
if you are dismissed for gross misconduct or something else "serious" then it's nothing? if you do something bad you ain't gonna get paid for it! if you're fired for some other reason then you may be able to get something in line with your notice period.
 
When getting summarily dismissed! i.e gross misconduct.
Contract states 3 months in normal circumstances but gov site a little vague on dismissal.
Is it really 0
As I find that a hard pill to swallow, after ten years service!

Oh and its not me, i'm asking for a friend. :D

Yes, you can be summarily dismissed without compensatory notice for gross misconduct..there is no statutory minimum period. You will still be entitled to any wages earned, statutory holiday accrued and any other statutory entitlement...discretionary bonuses etc are a matter of the contractual obligations set out in an employees terms and conditions.

However, you cannot simply be sacked on the spot...the company must first fully investigate the matter, hold a full disciplinary hearing allowing the employee and his/her representative to mount their case and you must also give leave for the employee to appeal the decision. For all but the last, the employee remains an employee although a company can suspend the employee pending the investigation and disciplinary hearing, usually the employee remains on full pay unless stipulated differently in their contract.

http://www.lawdonut.co.uk/law/employment-law/discipline-and-grievance/gross-misconduct-16-faqs#7
 
Bugger! Thanks Castiel.

More info from ACAS:

"Can an employee be dismissed instantly for bad behaviour?
What kind of situations might warrant a summary dismissal and can they ever be serious enough to bypass normal disciplinary procedures?

Generally, employers understand the importance of setting out clear rules and standards of conduct in the workplace, backed up by a fair disciplinary procedure.

In most circumstances, the disciplinary process involves establishing the facts, informing the employee, holding a disciplinary meeting, and then taking action while providing an opportunity for the employee to appeal.

But are there any disciplinary situations so serious that this process can be bypassed with instant dismissal?

Instant dismissal, more accurately called summary dismissal or dismissal without notice, should only be considered in cases involving acts of 'gross misconduct'. Even then, fair disciplinary procedures must be followed, so dismissal is hardly ever literally 'instant'.

What an organisation regards as acts of gross misconduct should be clear from its disciplinary rules. Typically, they might include such things as theft or fraud, physical violence, gross negligence, incapacity due to alcohol or illegal drugs, and serious insubordination.

Generally speaking, an act of gross misconduct is considered to be serious enough to overturn the contract between employer and employee, so justifying summary dismissal.

However, even in these cases it's still vital that the employer follows a fair procedure as for any disciplinary offence. Failing to establish the facts before taking action and holding a meeting with the employee, and denying the employee the right to appeal is highly likely to be considered unfair at an employment tribunal and lead to a claim against the employer.

It may not be appropriate for the employee to be at work while facts are established, so a short period of suspension on full pay may be helpful. But a suspension should only be imposed after careful consideration. It should be made clear to the employee that it is not in itself a disciplinary action and does not involve any prejudgement."

I suggest you/your friend contacts ACAS for some free advice if they still have questions - 08457 47 47 47 , this is a service offered to both Employers and Employees
 
Fess up op...

Were u caught drying your willy on the hand dryer when your boss walked in again?

This is quite worrying; one of the guys at work had wanted to do this to our Dyson hand dryers.... just the risk of gettitng caught stops him.

Personally I don;t see the appeal on somethign that could rip your dongle
 
This is quite worrying; one of the guys at work had wanted to do this to our Dyson hand dryers.... just the risk of gettitng caught stops him.

Personally I don;t see the appeal on somethign that could rip your dongle

I hope that is a joke? :confused: :D
 
It's not me, it's my girlfriend. She posted something on her own (non public) Facebook about a work event she was at. Namely said a wedding was similar to "my fat gypsy wedding" off the tv.
Some disgruntled "ex friend" saw this and decided it would be a good idea to report this directly to her employer out of spite because my GF hadn't been in touch or to see her new born baby.

Vile thing to do in my opinion, I guess as they say "nothing worse than a woman scorned!
But to be summarily dismissed for that is an eye opener too. Civil service pen pushers.....
 
When will people learn that posting every thought that goes through their head on Facebook is not the best of ideas... :p

It does seem a bit harsh for that sort of response though, unless of course as posted above, it is connected with the type of work she does.
 
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