My friend has worked as a chef in a resteraunt (in the UK) for three months and has just been fired. It has come as quite a shock as he has had no warnings and the only real reason that has been given is that he is supposed to have made threats against the buisness. All seems a bit daft as he was working well and thought everything was ok. He had no verbal or written warning and the manager refuses to give details of who has made these aligations or talk the matter over properly. There are also issues with his last pay packet. It all seems so unfair, not to mention strange. What can my friend do or should he just forget it and move on.
2006-08-26 11:43:45 · 11 answers · asked by Linda R 2 in Politics & Government ➔ Law & Ethics
Depends on whether your friend has a case. In restaurants, you usually work "at will." Which means, if they want you to. If he made threats, or they have a witness or two to say he did, his case is dead. If not, a case might be made but he'd get more money and peace of mind just getting another job. Cooks can usually find something. Best of luck to the both of you!!!!
2006-08-26 11:50:06 · answer #1 · answered by robert r 5 · 0⤊ 1⤋
Chances are he was on a probationary contract, usually 3 OR 6 months (not 3-6months) At the end of the probation contract the employer can decide to either offer you a permanent contract, or not, ie let you go. Given that hes gone after 3months i'd assume that his prbationary contract expired and he wasnt kept on. Yes it is odd that the manager won't discuss it etc but not any basis for a claim.
The issues with the pay packet do need sorting, i'd suggest going to the restaurant and if they wont talk about it properly, make things difficult for them front of house eg book a table on a busy saturday night, and sit at the table all night not ordering anything. That would get on their nerves and i dont think it would be long until they talked to you. If the value of what you're owed isnt much, just forget it, leave the stress and move on, if it is a substantial amount, pop into the Citizens advice bureau, they'll help you out and dont charge for their help.
2006-08-27 04:46:20 · answer #2 · answered by Master Mevans 4 · 0⤊ 0⤋
He probably has no rights in employment law. However, the manager should have the decency to tell him what the allegations are.
I would contact Citizens Advice - purely because I would not want to be bad mouthed about "something" I had not done.
If there is an issue with his final pay packet - I once claimed successfully through small claims court for monies owing so that could be the way to go - and if you win they pay your costs too - not sure how much they are these days.
2006-08-27 10:06:37 · answer #3 · answered by Sally J 4 · 0⤊ 0⤋
Yes that's right its unfair but your friend wouldn't be able to do much about it as there's a 3 month probation for all permanent jobs. However, he can call up payroll and check up on his pay. Other than that your friend should worry about looking for a new job and most probably don't don't mention that he got fired from the last. Goodluck to your friend with searching as I know how expensive London can be. Cheers!
2006-08-26 18:55:07 · answer #4 · answered by Yoruba 3 · 0⤊ 0⤋
In the USA there is usually a 3 month probationary period in which you can be fired w/out notice. Maybe your friend should worry more about finding a new job, and a little less time filing frivilous claims
2006-08-26 18:48:20 · answer #5 · answered by ricgrif 3 · 1⤊ 0⤋
companies give you a trial period of 3 months and are within their rights to dismiss you within that time which is unfair esp if your friend hadnt done anything wrong
2006-08-26 18:52:22 · answer #6 · answered by emmaline 3 · 0⤊ 0⤋
nothing he can do other than inform public health the place was infested with vermin, bad working practises ect..if he could get a dead pigeon into the loft of the place happy days.
2006-08-26 18:52:03 · answer #7 · answered by Anonymous · 0⤊ 0⤋
That's his side of the story, now go hear theirs, and then make-up your mind who is in the wrong. Judge when you have the full impartial facts, not one side of a story.
2006-08-26 21:33:38 · answer #8 · answered by Phish 5 · 0⤊ 0⤋
it depends, was there a contract? if there was no contract they are at the mercy of the employer. and also there is generally a probation period where you can be told basically to go.
2006-08-26 18:50:08 · answer #9 · answered by Alex 3 · 0⤊ 0⤋
Unfortunately, no! You have no rights till you've worked for them for 2 years.
2006-08-26 18:47:36 · answer #10 · answered by David S 2 · 0⤊ 1⤋