employment law?

Question

someone i know has been sacked from their job, after being there for just 3 months. he didnt have a signed contract. i know this guy and know that he blagged his way into job and then failed miserably to keep up to his expectations. he was slow and lazy and was found out bragging to another firm that he was the manager. he also has taken off numerous days sick and not phoning in to inform the manager.
the manager who is a very easy going guy had had enough and rung him to find out where he was and told him its not working out and he shud look for another job.
now manager is worried that the guy may kick up. its only a small firm and couldnt take a tribunal.
i got some advice for him and was told that as he had only been employed for 3 months he doesnt have full rights of someone employed a year. is that true anyone

Answer 1

Full rights come in after a year. .. some rights come in after 13 weeks.

If the guy was there less than the full 13 weeks, he really doesn't have a leg to stand on ...however I suggest your Manager friend keeps all the documentation since 'Mr. Blagger' will no doubt be asking for References soon (and the Manager will need to be strictly truthful - facts only, no opinions .. 'He was with us for 12 weeks and he claimed he was too sick to work on (number eg 5) Mondays and (number) Friday afternoons, failed to carry out his duties in a timely and competent manor and misrepresented his position to another Company' is OK - 'He couldn't be bothered to come in on Mondays, skived off early on Fridays, was lazy and lied for no reason' is not :-)

Answer 2

Lou B has answered this question perfectly.

The only thing I would add that an Employment Tribunal has a maximum limit award of £310 per year worked. The real cost is employing lawyers to defend a Tribunal case.

Answer 3

There is no legal contract of employment, and due to his easy going manner, which was not in the best interest of the company, the manager acted rightly.

The employee does not have rights for appeal, and in any case the company can state that this employee was on a probationary period.

He does not any rights as far as the law is concerned.

Answer 4

It is true i'm afraid. even tho he didn't have a contract it is likely he was on a trial period, which is normally between 3 and 6 months. Given the man's obvious lack of consideration, inability to do the job and quite frankly constantly taking the p*ss i'm surprised he lasted 3 months! Both parties should get legal advice even if it is just from Citizens Advice, but in my opinion, he doesn't have a leg to stand on.

Answer 5

No, he doesn`t have any rights, the manager has nothing to worry about, but next time he should be a bit more careful who he employs, it only takes one person to upset a happy ship, as this is a small business everyone should be content to work for him as a team, after all you spend most of your time at work.

Answer 6

Absolutely right. Your manager friend has nothing at all to worry about.
Even if the guy who was fired had the right to go to a tribunal he wouldn't have a leg to stand on. No doubt your friend has documentation of the guy's absence record, under-performance, lies on his application form etc.

Lying on your application form is a sackable offence in any event.

Source....20 years as Dep Manager at a CAB.

Answer 7

Usually a standard contract of employment (which applies to your friend) means that there is a probation period for 3 - 4 months, this probation period means that the contract of employment can be ended at any time (except for certain things like racial or sexual discrimination) within that period by either party. Your friend would have massive difficulties proving he had been unfairly dismissed unless he could prove it was on the grounds of racial or sexual harrasment or discrimination.

Answer 8

I'm afraid, its very true he has no rights. Even if he did, since he failed to perform properly on the job and misrepresented himself to the employer, it makes all the the usual possible avenues for an appeal not viable.

This is ofcourse dependent on the laws that exist in your particular area and specific laws regulating his profession.

More research might help ...but seriously was he unjustly terminated, and does he deserve compensation.....?

Answer 9

you have rights straight from day one, not after a year. don't know what country you're in, in mine it's harder to file personal grievance with no contract, maybe that's not the case in your country. if you're supposed to have contracts for employee's in your country then he should make sure he does this next time & follows the proper channels for performance managing the person out (gives them written & verbal warnings with witnesses there when he issues these & gives proper examples of problem behaviour or bad performance). You're supposed to give people fair warning before you dismiss them, but some cases could be instant dismissal, like if someone has been caught stealing or if someone doesn't turn up for 3 days in a row & hasn't called you assume they've "abandoned their employment". I'd just use it as an experience to learn from & handle the next employee properly next time if I was this employer.

Answer 10

Absolutely true, 3 months is considered still being under a probationary period.