Work Disciplinary
- Thread starter RumbleBee
- Start date
No. She has worked for the company for 5 months. She had a review after 3 months as promised. This was undomcumented and felt more like an interigation as to what her intentions were than a review.
Being there for only 5 months will restrict her options.
To be honest, it might be best to accept the resignation route - essentially 2 months pay, which is a lot more than most folk get when they get made redundant (I know that isn't what is happening, but it is a good comparison).
To be honest, it might be best to accept the resignation route - essentially 2 months pay, which is a lot more than most folk get when they get made redundant (I know that isn't what is happening, but it is a good comparison).
If she has been there for 5 months then unfortunately, the employer has a right to let her go for any reason and not even tell her why.
It might be an idea for her to swallow some pride and take the latter.
I also had this happen to me a few years ago. I was let go from a job with no reason after 7 months. All I got was paid up until my last day and offer of a reference. I took advice from an Employment Lawyer who advised me to let it go, take the opportunity of a reference and get on with my life.
The only thing she can get them into a tribunial for would be sexual harrasment etc...
I will give the company its due. She has been offered a further month in leiu of notice so they cannot be that bad. They didnt even have to offer that.
It might be an idea for her to swallow some pride and take the latter.
I also had this happen to me a few years ago. I was let go from a job with no reason after 7 months. All I got was paid up until my last day and offer of a reference. I took advice from an Employment Lawyer who advised me to let it go, take the opportunity of a reference and get on with my life.
The only thing she can get them into a tribunial for would be sexual harrasment etc...
I will give the company its due. She has been offered a further month in leiu of notice so they cannot be that bad. They didnt even have to offer that.
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Associate
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- 14 Oct 2006
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This info would have been more useful earlier in the thread lol.
Still call ACAS and ask for their advice, however she may be best just taking it on the chin and hand in her resignation.
Associate
- Joined
- 30 Jan 2006
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- 427
Did they outline these two options in writing? or just verbally? If in writing then it's would be down to CAB or to a solicitor as certaintly seems unfair. I would also put in a formal complaint about bullying in the work place with regards to the bloke who started all this.
But it would seem that they want rid of your GF, how long has she been in this job? Does she want to progress in the company and what would the propect of that be after a performance monitoring period. How would your GF feel after being under the microscope for a length of time and the walking on egg shells that she would feel like she's under.
Two simple choices stay and fight or walk away with the money. Walking away is not defeat as some might might view it. Not all fights can be won. Even after all this monitoring, they could simply make her redundant.
Legal advise and a counter complaint of bullying would be my imediate action I'd do this afternoon. Try to get a cooling off period this afternoon sorted out so she'd have at least the weekend to think about her options.
With the internet useage, the ISP can provide at best lists of sites visited, but as most companies use a proxy, the proxy is what most ISP's see accessing the web, whoever has control of the proxy can monitor individuals, as long as its setup to do so.
EDIT: only been there 5 months. Take the money and laugh
But it would seem that they want rid of your GF, how long has she been in this job? Does she want to progress in the company and what would the propect of that be after a performance monitoring period. How would your GF feel after being under the microscope for a length of time and the walking on egg shells that she would feel like she's under.
Two simple choices stay and fight or walk away with the money. Walking away is not defeat as some might might view it. Not all fights can be won. Even after all this monitoring, they could simply make her redundant.
Legal advise and a counter complaint of bullying would be my imediate action I'd do this afternoon. Try to get a cooling off period this afternoon sorted out so she'd have at least the weekend to think about her options.
With the internet useage, the ISP can provide at best lists of sites visited, but as most companies use a proxy, the proxy is what most ISP's see accessing the web, whoever has control of the proxy can monitor individuals, as long as its setup to do so.
EDIT: only been there 5 months. Take the money and laugh
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Ah this old chestnut, the same happened to my missus.
She is legally allowed to bring in her own witness to this meeting, and they cannot refuse.
All she needs to do is produce the hard evidence ie; letters, the emails from the mgr saying about the good job she is doing etc.
Then contact your employment or labour relations court or what ever you have in the UK
She is legally allowed to bring in her own witness to this meeting, and they cannot refuse.
All she needs to do is produce the hard evidence ie; letters, the emails from the mgr saying about the good job she is doing etc.
Then contact your employment or labour relations court or what ever you have in the UK
As she has been there less than a year her rights are pretty limited...
You have 2 choices imo - manoeuvre them into a position where you can claim unfair dismissal... which is gonna be a lot of time and hassle...
Or better yet walk away and take everything you can i.e. the extra months pay - from their tactics it sounds like the company is bottoming out - the other employees aren't likely to get as good pay off when the crunch comes.
Try to make sure the money is paid in as foolproof way as possible - cash would be good but they are unlikely to offer that - or you might be fighting for it for months until the company goes under and you don't get anything.
You have 2 choices imo - manoeuvre them into a position where you can claim unfair dismissal... which is gonna be a lot of time and hassle...
Or better yet walk away and take everything you can i.e. the extra months pay - from their tactics it sounds like the company is bottoming out - the other employees aren't likely to get as good pay off when the crunch comes.
Try to make sure the money is paid in as foolproof way as possible - cash would be good but they are unlikely to offer that - or you might be fighting for it for months until the company goes under and you don't get anything.
The problem still lies with the 5 month period.
Granted, if she was to lodge a complaint against her immediate manager and she kept her job, there are still a further 7 months for them to come up with something. Performance is generally the norm for all companies to use if they want rid of staff.
Like I say, the first 12 months are the rockiest and unfortunately as an employee, she will have very little to fight with.
If she chooses to take the resignation, she will be advised by Acas to request the extra months payment in writing anyway.
Granted, if she was to lodge a complaint against her immediate manager and she kept her job, there are still a further 7 months for them to come up with something. Performance is generally the norm for all companies to use if they want rid of staff.
Like I say, the first 12 months are the rockiest and unfortunately as an employee, she will have very little to fight with.
If she chooses to take the resignation, she will be advised by Acas to request the extra months payment in writing anyway.
Try to get everything possible in writing, so when shes goes for other jobs, claims jobseekers or whatever she isn't left to the mercy of her past manager.
Not true. At all.
Rumblebee, sorry for being late on the case... I've been through a very similar process. I was there for 8 months and was offered 2 months pay to go quietly. I refused (because there was no case to answer) and I was booted out anyway with zero pay. I appealed, the appeal was a joke and it failed. I tried to go to a tribunal on the basis that I was being racially discriminated against, but was told that racial discrimination against a white person had never succeeded in that region, and wouldn't do in my case, so we dropped it.
Had I posted in time I would have recommended she refuse the meeting - she is entitled to more time to prepare, and time to arrange for a union rep or personal rep to attend.
Unfortunately with her only there for 5 months, if they wanted to get rid of her, the need do nothing more than pay her notice period. Given that they clearly want her out, it suggests they are not entirely clued-up on employment law - why not just pay her one months notice??
There is absolutely no up-side to this situation - sorry for not pulling the punches. If she goes, she's out of a job. If she stays, she either works in an unsuitable environment or is sacked later (minus the 2 months pay). If she stays and they falsify evidence against her, make her job impossible and effectively orchestrate her downfall (however blatantly) there is absolutely nothing that she can do about it.
The *ONLY* get out of jail free card is if she can prove sexual, racial or religious discrimination - this will qualify her to waver the 1 yr qualifying period for a tribunal. If she gets to a tribunal, she likely wipe the floor with them. IF.....
So she has a Hobson's choice: quit and take two months pay, or stay and hope that they say something sexist to her.
You are already chasing ACAS which is good, and it's never to late to join a union. There is little they can do here, and probably wouldn't be willing to anyway (until she has been a member for a while), but they might at least confirm my advice.
Sorry I couldn't be more positive...