L
leebugs
Guest
A friend of a friend has just been dismissed and I need to confirm my understanding of the situation so I can help her persuade her soon to be ex-boss that he's an idiot. She was considered to be a very hardworking conscientous employee but she "challenged" him for an explanation on instructions that were not obviously logical ones. It is thought that he may have seen this as an affront to his authority.
She worked in a restaurant from 09/2006 until the restaurant was sold in 07/2007. She then stayed working with the new owner until he fired her on Friday (21/9/07)
1. Previous employer issued P45. Does that affect her rights under transfer of undertakings.
2. New employer didnt give her a contract within 2 months. She understood her job to continue unchanged except for new owner.
3. Neither old employer nor new empoyer have paid her for her annual leave for 2006 and 2007. Can she make a claim against the new employer for the annual leave not covered by old employer - i.e. did new employer inherit the responsibility?
4. New employer has fired her on the grounds that she did not meet sufficient high stands during her "trial period". If both employments are considered one continuous employment, than she was no longer in a probationary period. If new employer thought it was new employment, he didnt provide new contract. But I suppose this is irrelevant if she has the protection of TUPE?
5. Old employee recorded start and finish times through their computerised cash register system. New employer stopped that, but didnt give any new system for recording start and finish times - disputes about hours not paid and neither side has any proof.
I am hoping that there is enough here to persuade employer to reinstate but if not, would it be the general opinion that there is enought here for the EAT and the Rights Commissioner, and can she claim from both at the same time (EAT for unfair dismissal, RC for breach of payment of wages and TUPE)
Thanks for any advice you can offer. Stay well
She worked in a restaurant from 09/2006 until the restaurant was sold in 07/2007. She then stayed working with the new owner until he fired her on Friday (21/9/07)
1. Previous employer issued P45. Does that affect her rights under transfer of undertakings.
2. New employer didnt give her a contract within 2 months. She understood her job to continue unchanged except for new owner.
3. Neither old employer nor new empoyer have paid her for her annual leave for 2006 and 2007. Can she make a claim against the new employer for the annual leave not covered by old employer - i.e. did new employer inherit the responsibility?
4. New employer has fired her on the grounds that she did not meet sufficient high stands during her "trial period". If both employments are considered one continuous employment, than she was no longer in a probationary period. If new employer thought it was new employment, he didnt provide new contract. But I suppose this is irrelevant if she has the protection of TUPE?
5. Old employee recorded start and finish times through their computerised cash register system. New employer stopped that, but didnt give any new system for recording start and finish times - disputes about hours not paid and neither side has any proof.
I am hoping that there is enough here to persuade employer to reinstate but if not, would it be the general opinion that there is enought here for the EAT and the Rights Commissioner, and can she claim from both at the same time (EAT for unfair dismissal, RC for breach of payment of wages and TUPE)
Thanks for any advice you can offer. Stay well
