I’ve just been approached by an agent about a job at a small firm where a friend of mine works since this summer. I told her the brief job description and it sounds like it’s her job. Her boss isn’t happy with her and blames her for everything, including problems that he’s caused himself and she hasn’t been anywhere near. She never got any training for her job, although it was promised, nor does the boss really seem to know what’s going on.
She’s no longer on probation, but thinks the company can still sack her or make her redundant with no reason.
I was made redundant a couple of years ago, and my lawyer said they can only do that if the job itself ceases to exist, so you’re no longer needed. That obviously doesn’t apply to this case, if they are replacing her with somebody else, so this would be a straight dismissal.
Can they actually dismiss you just because you’re perhaps not as good as you should be? Surely, they shouldn’t have recruited her, in that case. She’s never received any written warnings, just a lot of spoken crap from the boss, which I don’t think is enough.
She was also told when she joined that because she’s got her final CIMA exams in November that she could do shorter days, i.e, always finish at 5pm, instead she’s always there until 7-8pm so isn’t getting her studies done, and is now worried about failing them.
Could she resign and claim constructive dismissal?
If she resigns, she can’t claim for any constructive disissal, she might be able to get something on being treated unfairly at work. As she didn’t get “sacked” or made redundant, she really ought to seek some help in a citizen advice bureau. They will be able to help further.
Employment law is like walking on eggshells for the employer these days. Has she got a contract of employment?
as she has gone past her probation date ,that means that she should have been reviewed and a decision made as to continue or to terminate her employment…as she is still working there,the decision was to keep her on …if she is made redundant, her position cannot be filled by anybody else…and should the position arise again within six months, it must be first offered to her,on same rate at least…she would have a case for constructive dismissal on the grounds of work place now becoming unbearable due to senior staff member or for stress as that seems to be the norm if things dont go to plan…
I would have thought she could quit and claim constructive dismissal, especially now that she knows her post is being advertised. How can she continue working in an effective and efficient way with that hanging over her head?
I’ve suggested she see my lawyer, but she doesn’t want the hassle. That’s why companies get away with this kind of stuff, people just can’t be bothered to do anything to stop it.
