Notice issue

Author
Discussion

Golfgtimk28v

Original Poster:

2,797 posts

26 months

Friday 16th September 2022
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My partner worked for a very toxic company.

Worked for 6 months, then got taken on on the 29th of August as perm.

Company is very tight on work. She got ill and had to go to hospital. There was no cover and struggled for a week with no help and could have got signed off but decided to try and work.

In a teams meeting she said something that due to tiredness and frustration wasn't a big deal, butthrough some back chat from another colleague the manager repreminded her for a comment.

A heated debate ensured and partner gave 1 weeks notice, manager ended up crying from another worker.

Sent the email notice for 8 days at 11am. Company then decided to enforce same day notice, collecting computer at 1pm and advised pay will only be until 15th, yesterday. No 7 day notice was accepted.

Now my partner was run down from the work load due to a staff member leaving, the illness was serious and caused by more work load with only lip service support from manager, and had advised them of a long term health condition.

Now can they just end contact with no disciplinary and not pay any notice?

fat80b

2,465 posts

228 months

Friday 16th September 2022
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I’m not an expert but my understanding is that under 2 years employment, then yes they can pretty much let you go for no reason.

They will pay the contracted notice period but don’t have to do anything else.

anonymous-user

61 months

Friday 16th September 2022
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I think letting you go for no reason is during the probationary period which is usually 12 weeks. You can't put in for an employment tribunal claim unless its a protected characteristic.

Golfgtimk28v

Original Poster:

2,797 posts

26 months

Friday 16th September 2022
quotequote all
The question is can you not pay notice if notice is given? Not a lot of money but the principal.

geeks

9,747 posts

146 months

Friday 16th September 2022
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Golfgtimk28v said:
The question is can you not pay notice if notice is given? Not a lot of money but the principal.
What does her contract say?

anonymous-user

61 months

Friday 16th September 2022
quotequote all
Golfgtimk28v said:
The question is can you not pay notice if notice is given? Not a lot of money but the principal.
You say the company enforced same day notice and collected her stuff same day. So there is no notice period to pay apart from the 15th.

Carbon Sasquatch

4,926 posts

71 months

Friday 16th September 2022
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geeks said:
What does her contract say?
/\ This - that's all that matters.

She could give them 6 months notice - they can turn around and say, thanks, but we're terminating your contract with 1 days notice - if that's what the contract allows.

Most contracts have notice periods of more than 1 day though, but also depends on the reason for termination.

Jonathan27

724 posts

171 months

Friday 16th September 2022
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pocketspring said:
I think letting you go for no reason is during the probationary period which is usually 12 weeks. You can't put in for an employment tribunal claim unless its a protected characteristic.
Not quite right. You can go to an employment tribunal without protected characteristics, however unless you have it just limits the award that the tribunal can give. That being said, it sounds like OPs partner quit, so unless your going for some form of constructive dismissal there is no case for a tribunal to hear.

Golfgtimk28v

Original Poster:

2,797 posts

26 months

Friday 16th September 2022
quotequote all
Jonathan27 said:
Not quite right. You can go to an employment tribunal without protected characteristics, however unless you have it just limits the award that the tribunal can give. That being said, it sounds like OPs partner quit, so unless your going for some form of constructive dismissal there is no case for a tribunal to hear.
Ok fair enough. Best to be out anyway. Just wondered really. I think there comes a point you decide it is a bad company and not worth it, just seemed very pretty as they shot themselves in the foot as no replacement.

anonymous-user

61 months

Friday 16th September 2022
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Jonathan27 said:
pocketspring said:
I think letting you go for no reason is during the probationary period which is usually 12 weeks. You can't put in for an employment tribunal claim unless its a protected characteristic.
Not quite right. You can go to an employment tribunal without protected characteristics, however unless you have it just limits the award that the tribunal can give. That being said, it sounds like OPs partner quit, so unless your going for some form of constructive dismissal there is no case for a tribunal to hear.
Within two years? I never knew that.

Golfgtimk28v

Original Poster:

2,797 posts

26 months

Friday 16th September 2022
quotequote all
She is actually in a protected capacity, but pointless really to pursue, it was just the notice.

Jasandjules

70,505 posts

236 months

Friday 16th September 2022
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Golfgtimk28v said:
Now my partner was run down from the work load due to a staff member leaving, the illness was serious and caused by more work load with only lip service support from manager, and had advised them of a long term health condition.

Now can they just end contact with no disciplinary and not pay any notice?
From this you suspect the reason was her disability I assume.

What is her contractual notice period? What does her letter of termination say?


PS if you want a free letter sending to them, PM me.

Golfgtimk28v

Original Poster:

2,797 posts

26 months

Friday 16th September 2022
quotequote all
Jasandjules said:
From this you suspect the reason was her disability I assume.

What is her contractual notice period? What does her letter of termination say?


PS if you want a free letter sending to them, PM me.
Not sure as the contract was on the computer they took but I think 2 weeks. Basically says they accept notice from day email sent.

The company is basically run by managers promoted not by experience just length of service. I think it is best to just to move on, she is already much happier.