my wife has just been fired from work for gross misconduct but has no contract?

Question

is her employer breaking the employment laws by not giving her a contract of employment as she is thinking of taking it to acas for a tribunral

Answer 1

dump her

Answer 2

O.K You guys really need some face to face legal advice. I will give you the basics.

ACAS is the Advisory Concilliation Arbitrary Service. As the name suggests it is an arbitration service and not the same as an Employment Tribunal.

When you start to work for an employer you have a contract - It need not be written, a verbal or implied contract suffices. The employer is obliged to give you a statement of terms within two months of your joining and where you do not receive one you can go to tribunal to get them to decide on your terms of employment.

It is an implicit part of the contract that the employee behave appropriately according to the position and, providing the act was actually gross misconduct then the employer was right to instantly dismiss her, as such from what I read here there would be no real case to answer.

Answer 3

"Within 3 months of starting an employment, an Employee must be issued Terms and Conditions of Employment, clearly setting out the terms by which the employee is employed by the Employer".
(Employee Rights 1998)

If she was within this three months (The probation Period), then the employer is still within their timeframe.

When she was offered the job, she was probably sent an offer letter, offering her the position, and asking to sign that she accepted the offer and Generalised terms of employment. Even if not, a verbal contract (When they offered the job) would still include Generalised Terms.

Summary Dissmissal (Immediate Sacking) for Gross Misconduct is included in the General Terms of employment, so if she did something that would constitue G.M., then the employer has the right to sack the employee and the employee cannot contest this decision.

If she is not guilty of G.M., she has the right to appeal, and if that does not work, she can procceed through legal battle for this. Contact a solicitor if this is relevant.

If she has been employed for more than 3 months, the employer has not filled their obligation to provide a writtedn description of terms of employment, but G.M. comes under "accepted terms", so again, nothing can be done.

Long story short; If your wife is guilty of G.M., there is nothing worth doing to change it. As well as the legal barriers, it can have a negative impression on future employers.

Answer 4

Your wife does have an employment contract by performance. What you are referring to is the written terms and conditions of that contract. In English law, a contract between two parties does NOT have to be in writing.

Now that the contract has been terminated by one party - what then must be asked is this:

1. How long was your wife in that employment - more than 12 months? If the answer is yes then she has full Employment Protection Rights and is, then entitled to issue proceedings at an Employment Tribunal.
2. What was the act which led to your wife's dismissal - was your wife guilty of "industrial Misconduct" which would then entitle the employer to terminate that contract?
3. Was the act so serious that the employer was entitled to terminate your wife's contract without prior notification?

Want more help? - email me: - [e-mail]

Answer 5

Some states have a policy where thay don't have to give you a contract and can terminate your employment for any reason. Think about it, McDonalds doesn't give their employees, contracts. I know your wife may have worked in a job with a different type of setting other than fast food, but a lot of employers don't give contracts.
Last year I worked in the school system with the 21st Century After School Program and they didn't give me a contract and the principal at the school I was working for decided she didn't want me to work there anymore after 7 successful months, I went to the school board and an attorney but here in SC they have laws that state you can be terminated for any reason and theres nothing you can do about it. Contact your states Employment Oppurtunity Commision

Answer 6

It depends on the jurisdiction you're in. Employment "without contract" is a big no-no in Europe, and the employer would almost certainly be in violation of employment laws. In the US, the principle of "employment at will" typically means people are employed with no written contract. In that case, she would not have any grounds for complaint. Her employer wouldn't even have to give a reason for firing her (just like she wouldn't have to give a reason for leaving, if she wanted to leave).

Answer 7

an employment contract is not important as the terms are implied therefore she has a contract. be it the standard terms of condition for employment.

your wife has the right to appeal against the companies decision to dismiss. However the only way to successfully overturn the decision is to prove the employer has not followed its own procedure manual.get the company policy and do your home work and appeal

Answer 8

Well, if she has been sacked for gross misconduct, do you not think it would be immoral to try and get money from them for not issuing a contract. As others have said, how long was she there as you do not always get a contract immediately.

Perhaps it is time for her to take responsibility for her own actions in getting sacked and stop trying to shift the blame elsewhere thus covering her conduct.

Answer 9

I don't know if she'll have a leg to stand on not having a contract- anyway what did she do- if it is gross misconduct it will basically be the massive company against your wife- and It could cost you both alot of money.
Speak to a solicitor about this and see if they take it on,if they don't let it go and move on.

Answer 10

Best bet is to move forward! Not much you can do without a contract, besides she knowing took the position without a contract...not much to fight there, eh? I am in the home spa party business. I create my own hours, I have tons of fun and I average $50 an hour...and I am NOT a sales person type. We currently have a $99 special for new consultants. It will provide her with $474 in product to hold her spas, and a training day (saturdays 8-3). Those who follow the program and hold two spas a week, book 2 spas off each spa and recruit 2 consultants a month will have a constant flow of business and easily make $1000 a month with only working five hours a week. Those who work their business about 30-35 hours a week have found themselves making six figures in one to two years! We only have about 120,000 consultants in the US, Canada & Puerto Rico...now is the time for her to live the life of her dreams & empower herself!!

Answer 11

I was adv by citizens advice that you need to put a request for a contract in writing and give your employer 28 days to respond before you are able to consider taking them to a tribunal. This was fairly recently.