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6/23/2014
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,908
Experience: Qualified Employment Solicitor
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Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Unfortunately I cannot see any details to your question - can you please re-post your query on here. Thanks

Customer:

Hi Ben,

Customer:

I have sent the question to just answer,can you look at it or do i have to send it again ?

Customer:

it will take me at least 10mins

Customer:

Sharon was employed as bar manager and also had the catering franchise with living accommadations to the golf club for over 9yrs, when the manager left a new club member became her manager who bullied her, he then asked sharon to do a time sheet for her bar managers duties,sharon informed him this would be difficult has it was mixed up with her catering work,he insisted so sharon informed the golf club that the only way she could do this was to terminate the catering franchise and gave them 3 months notice which they did not like as sharon done a fantastic job with the catering, arranging weddings birthday parties etc,for the next 3 months they tried to make her change her mind which she would not,after the 3 months they employed a married couple the wife done the catering and the husband was the bar manager, just before they started the suspended sharon to get her out the way for 5 months, during that time they have been trying get trumped up charges like not washing up 3 glasses petty things, sharon eventually went to acas and the club offered her 8k which she refused and ask for 10k,they have now taken another route to get rid of her,she was given a first and final discipline warning which she appealed against at the appeal they gave her 3 letters all dated the same date,one was for a meeting today,the other was about making her redundent and the other was taking her off suspension and giving her garden leave,(which is not in her contract ) my question is can they give garden leave and can she go for unfair dismissal, thanks phil

Ben Jones :

Hi Phil, they would ideally need a garden leave clause in the contract to be able to enforce that but it is technically possible to still place someone on garden leave even in the absence of such a clause. As long as she is getting paid all she would be due had she been allowed to work normally over that period.


 


As to unfair dismissal, that is a possibility. If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.


 


According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss.


 


If they cannot satisfy the above conditions then the option of claiming unfair dismissal exists, although she would again have to go through ACAS for conciliation first before she is allowed to submit the claim.

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

thanks ben,they will make her redundant although this will be hard for them to prove as they need a bar manager,they will probabaly make up some sort of story,just to confirm if they do make her redundant she can go for unfair dismissal

Ben Jones :

yes she can still claim unfair dismissal if she is made redundant and there was no actual redundancy situation or no fair redundancy procedure was followed

Customer:

they have treated her really badly she would have gone freely for just 2-3k in the beginning but have given her such a hard time and trying to ruin her name as i mentioned previously she has a 5 star rating for her catering and have lots of letters thanking ,her, they just wanted to get rid of her for nothing and had to keep her out the way when the new people started by suspending her and making false allegations

Customer:

acas has given her a certificate ,as i mention they did offer 8k so they know they are in the wrong

Ben Jones :

ok if she has the certificate and the number then she can proceed directly with the claim if necessary but she needs to be dismissed first and she should also appeal with the employer before claiming

Customer:

ok thanks ben

Ben Jones :

you are welcome

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,908
Experience: Qualified Employment Solicitor
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Customer reply replied 4 years ago


Hi Ben


at the meeting sharon had yesterday they have made her redundant,they asked if she would be interested in another position she said yes and they said that there was no other jobs,they have done this very quickly finishes 25,6,14 (tomorrow) took 15mins all in a dayno consultation,does she now have to appeal against her redundency before she can go for unfair dismissal,


phil

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Customer reply replied 4 years ago


Thanks Ben, what should she do if they send her the redundency money,before she has time to appeal

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Customer reply replied 4 years ago


Hi Ben


Sharon has recieved a lettter from the club informing her she is redundant and enclosing a cheque for just over £4,000 and saying she is entiltle to appeal,sharon will appeal which will be turned down and she will go for unfair dismissal,should she return the cheques .

Customer reply replied 4 years ago


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