Unfair dismissal advice

[ghutchison14078]

Hi folks/ collective hive-mind

I'm looking for some unfair dismissal advice on behalf of my mother-in-law, here is the broad outline of the situation (I should mention this is in Scotland, if that has any bearing)

Mother-in-law worked in a local Asda pharmacy for several years as a pharmacy dispenser, approx. 8 months ago she left to take a similar position at another pharmacy closer to her home. Same job, different company.

When she began this new job, she wasn’t given any kind of contract to sign or given a staff handbook. All she was asked to put on paper was her name/address etc and bank details for salary payment. Her hours and pay were agreed in a verbal agreement at the end of her interview when she was offered the position.

Whilst working for this new employer she has also been doing some seasonal overtime at her old employer (Asda pharmacy), however her current employer/line manager has known about this for at least 4/5 months as she informed them before doing this, and has never brought it up.

She was pulled into a meeting this morning (without any notice, or asked if she wanted to be accompanied by a third party rep) by her line manager who is the main pharmacist at her store and was told she was being fired based on these two reasons:

1) She is too slow at operating their computer systems (but has never been given any official structured training, or given opportunity to be put on an improvement action plan of any kind)
2) That she has been working a second job, for another company that they consider to be ‘competition’

Can anyone provide any links or reference which (any) laws she may be protected by to take this employer to industrial tribunal over unfair dismissal.
On the moral side of the argument; they have just made a frontline keyworker unemployed during a pandemic.

Thanks in advance for any advice folks.

 

[ghutchison14078]

After some reading it would seem that the term "wrongful dismissal" is more pertinent to my mother-on-laws situation, rather than unfair dismissal.

The complete absence of any contract mudies the waters though.

 

[ghutchison14078]

Thanks for advice guys, mother-in-law is now in contact with ACAS.

The proper dismissal procedure outlined by @Bounce was not adhered to at all; mother-in-law went into work as normal thinking everything was fine, then manager pulled her into office literally as she as putting her coat on to leave after her shift and basically told her not to come back as she as being fired due to her seasonal hours at the Asda pharmacy.

It was the area manager that interviewed and hired her, and she discussed with him (at the interview) that she intended to continue to pickup extra hours at the Asda pharmacy outside of her hours of obligation to the new job; he was fine with it.

At the very least I hope she gets a week (or two weeks) worth of pay that she should've gotten if they had followed the correct suspension and investigation before moving to dismissal.