My friend got sacked and I believe it was unfair dismissal...can anyone give me any advice?

My friend was on a trail period at a sports shop (JD). They really exploited her in many ways. Firstly, she was not getting the correct pay for full time wages (5 days a week). They also made her work for 6 days a week without notice. They made her work up till 11pm for 3 nights a week, and they gave her very short lunch breaks (half an hour sometimes instead of the usual hour). Today, she got back from her lunch late (they gave her half an hour but it was boxing day and the crowds were very hectic as she worked in oxford street right in the middle of London), she apparently answers back too much (but I think she just stands up for herself), she wrote on her hand, and she said she felt ill so she wanted to go home. Now, this sounds to me like very stupid reasons to sack someone without any notice. They said she wasn't allowed to go home just because she felt ill. I don't see this as very fair. I know she was only on a trail period but the events leading up to today were horrible.

She has been exploited right from the start and her managers have been bullying her. Can she do anything about what has happened? I did some research on the net and found out about being mistreated, discrimination and unfair dismissal and I found the number to ACAS. I hope they can help but do you think it is right for her to complain about her dismissal? What do you think of the situation and how would you deal with it?

firstly, full time wages are given if you work full time hours (over 40 hours a week). fair enough she was working 5 days a week but say for instance she was only doing 5 hours a day that would only be 25 hours a week and not be classed as full time so find out how many hours she was doing.
Secondly, break time allowances are determined by the amount of hours you are doing on that shift. For instance where i work - im a care assistant - and i dont think a nursing home would break the law, if im doing a 4pm-9pm i only get a 10 minute break, if im doing a 2pm-9pm shift i get half an hour, if im doing a 7.30am-4pm shift i get two half hour breaks etc etc etc, so you would really need to find out what shifts she was doing etc but i dont think a big retail chain store would break the law.

What you have to remember you see that your friend may not be telling you the full story - no-one wants to make themselves look bad and will often sugar coat the truth etc and as she was only on a trial period i think the store had a right to sack her if she was late for work as it was only a trial, kinda like an extended interview. Also, who wants staff who are late, answer back, look untidy (writing on hand) and feel ill? would you pay someone money who didnt do there job? sorry.

I can't be bothered to read the whole thing. It's 23:20 here in the UK.

Write a lot of letters to citizens advice bureau, write to human resources of the company no win no fee solicitors, keep a copy of the letters with their dates. It is worth a try but because she was on a probationary period, she cannot even go to an employment tribunal.....I think.

ok 1st every one else got an hour lunch and they only gave her a half hour, 2ed not paying what she was a post to get paid

does she have proof of that, needs proof than the law can get in,
but working until 11pm 3 nights a week that happens all the time, i worked some places that i did not get off of work until 12pm and had to be back at the same place at 5am and that happen more than once and maybe a few days in a week. so there is nothing in that part that can be done, but in the other part you can get in law in

I have to say, your friend sounds like a crappy employee. If it's too crowded for her to get lunch in 30 min, she should have brought something with her. And during the holiday season, most employers will require their employees to work extra hours. if she was a part time employee, of course she would not get full time pay, even if she did work extra hours. She probably had to tell them she would do all these things just to get the job. And who in their right mind thinks its okay to call out sick when you just started a new job?? MAYBE with doctor's note.

In a nutshell, legally, your friend hasn't got a leg to stand on. She won't qualify for unfair dismissal because, as she is on probation, she hasn't worked there long enough. Technically, I think she could claim wrongful dismissal but to be honest, it doesn't exactly sound as though she is a model employee. She answers people back, she writes on her hand and then "feels ill". Oh boo hoo! Someone call an ambulance! Sounds to me like she found it a bit tough and then bailed out. I'm not saying that it is easy working in a shop over Christmas but your friend is obviously looking for the easy life.

Basically, she needs to let it go and find something else. We've all been shafted by our jobs at one time or another. The basic rule is this - and it is the same for her as it is for me or anyone else - if you don't like it, f*ck off and find something better if you can.. harsh, but unfortunately true.

If your friend believes she has been treated unfairly then there is a good chance that she has been

Contact ACAS (details online)

Very sorry about her losing her job so close to Christmas but, for the first year, an employer doesn't even have to give a reason for termination of employment.
Don't take this the wrong way, but I'd suggest you tell your friend to count to ten next time she wants to let off steam. There's plenty of people willing to take jobs.

f your friend feels that the dismissal was unfair then she needs to appeal - normally within 7 days

get her to drop a mail to webmaster@absolutesolution.co.uk

with all of the details and they will be able to guide her through an appeal - free