Desperate For Any Help, Please Re. A Dismissal

Discussion in 'Employment & HR' started by mumps, Mar 1, 2018.

  1. mumps

    mumps UKBF Newcomer Free Member

    2 0
    21yr old chef, my son, was head hunted for a year and a half to build and open a restaurant from scratch. He agrees to help the entrepeneaur (no experience in hospitality) and a month ago my son's and his boss' dreams came to fruition. Two weeks later my son was taken out side of the restaurant and told by his boss with his (silent) girlfriend by his side, that he was letting my son go. My son had given his all for a year, working very long hours to finalise everything. He was given no warnings or anything. His position in the company was Executive Head chef. He brought all the chefs in and led/trained them. Everything was a success as far as my son could see, but his boss told him on the day he dismissed him and when he asked why he was being let go, that it was because he wasn't leading the team right.
    Josh (my son) emailed his boss the next day asking for specific reasons for his dismissal, the reply he received was the contract that was drawn up last May (2017) stating that he was on 'garden leave'. Two weeks later, Josh emailed his boss again asking again for reasons, in the form of an official email, advised by ACAS, asking him to outline specific reasons for dismissal etc etc. The next day, which was the day before Josh's salary for the month was to go into his account, his boss replied citing gross misconduct as per the terms in the '....contract and the staff handbook' and stating there had been an internal investigation.
    Please, does anyone know if he, (Josh) stands any chance of suing this man. He used Josh completely and utterly and then just threw him away. Emotive language, I know, but nevertheless it is a fact. We all tried to alert Josh to the possibility that this man may not be all he purports to be, and had a feeling that he may do exactly what he has done.
    Is there any way for him to fight his case?

    Thank you so much for any help or advice offered at all.

    :)
     
    Posted: Mar 1, 2018 By: mumps Member since: Jul 25, 2013
    #1
  2. Newchodge

    Newchodge UKBF Big Shot Free Member

    10,433 2,675
    I am so very sorry. Unless Josh has been employed by this organisation for at least 2 years there is absolutely nothing he can do legally. He may be able to claim any unpaid wages. But that is about it. I would be happy to help the unpaid wages claim.
     
    Posted: Mar 1, 2018 By: Newchodge Member since: Nov 8, 2012
    #2
  3. Mr D

    Mr D UKBF Legend Free Member

    10,640 1,114
    You may well find this is not the only businessman who is willing to do this.

    Not all bosses are like that but yes there will be ones who use the expertise of others to set up and pump start the business then dump them before the 2 years in the job where the employee gets more protection.

    He did it to your son, odds are he will do it to other staff members and in other businesses.

    Even close friends and family have been known to act in this way.
     
    Posted: Mar 1, 2018 By: Mr D Member since: Feb 12, 2017
    #3