Unfair dismissal? OH lost job w/o real reason...

[Robert86]

Hi All,

my OH has been working at a small shop/deli beginning 14th oct, 2011; she was called on Monday morning and told she was no longer needed and not to come in the next Friday, Saturday and Sunday (the days she works), but she'd be paid for them as it was her one-week notice from the company.

 

There has been no warning / disciplinary, and she has a full contract with the company. We wrote an email to the company owner asking for a reason (and a formal letter of dismissal), which we received and which stated my OH was aware "there would be a probationary period" and that her work had been "unsatisfactory"; there is nothing in her contract about a probationary period, and she was often left in charge of other staff members so as to her work being unsatisfactory this is highly dubious...

 

On a related note (we believe), she had had a few days absence the week before (for which she had a note from her doctors due to flu) and a friend of the owner had filled-in, who seems to have been given her position!

 

This seems like a very unfair course of action - how should she proceed with this matter?

[honeybee13]

Hello there.

 

I expect the guys will be along later if they can. I think you may have a problem here because your OH has worked at the deli for under a year. And a week's notice may not be unfair.

 

Does she have a contract of employment please?

 

My best, HB

[Emmzzi]

less than one year's service..not much she can do. Best just chalk it up. Makre sure she gets any holiday pay owing.

[lbruk]

Unfortunately you have no unfair dismissal rights until you have completed 1 yrs (2 yrs as of 1st Apr 2012) service.

 

Its unfortunate but is allowed by the employer