Being let go entitlements

[Sierra]

Two real life situations I need advice on.

The first regards my friend. She worked part-time for a company. She had a contract which stated were she to be let go she was entitled to a months notice. However she was let no without any notice. Given she would still be on probation, are the company entitled to let her go with no notice despite what is stated in her contract. Or would my friend be entitled to an extra months salary.

Also if someone is only working for a company for 7 weeks though the position was supposed to be permanent and were let go with no prior notice through no misconduct of their own (rather that the product was unviable), are they entitled to some comeback? Obviously they would have been let go during their probationary period.

 

[mousey]

Sierra, I was in a similar situation to that of your second scenario. Left company of 5 yrs and was in new company 3wks. The contract stated that I must give 3mths notice should I wish to leave. However I was called in at 4.50 on a Friday evening to be told that my position was no longer required in the office and that the work could be done in another office. They, as a good will gesture, gave me a mths salary as compensation. I contacted the employment rights to see where I stood and was sent the following:

The length of notice to which an employee is entitled is dependant on the
length of service of the employee. The notice entitlement is as follows :

13 weeks but less than 2 years service one week notice
two years but less than five years two weeks notice
five years but less than ten years four weeks notice
ten years but less than fifteen years six weeks notice
more than fifteen years eight weeks notice

If an employer is unable to provide the appropriate notice then he/she may pay notice in lieu.

The Unfair Dismissals Acts, 1977 to 2007 apply to any employee who has 12 months continuous service with the employer.

Unfortunately it appears that there is nothing that can be done I didnt do any further investigation after this.

 

[WaterSprite]

Two real life situations I need advice on.

The first regards my friend. She worked part-time for a company. She had a contract which stated were she to be let go she was entitled to a months notice. However she was let no without any notice. Given she would still be on probation, are the company entitled to let her go with no notice despite what is stated in her contract. Or would my friend be entitled to an extra months salary.

This is different to mousey's situation in that you have said your friend was entitled per her contract, to a month's notice. If there's nothing else in the contract about shorter notice periods during probation, then she should indeed get on month's notice. In mousey's case, s/he says that:

"The contract stated that I must give 3mths notice should I wish to leave."

which is a one-way obligation on the employee to give 3 month's notice, but not the employer - therefore, in the absence of anything else, the min notice terms apply to the employer giving notice.

Also if someone is only working for a company for 7 weeks though the position was supposed to be permanent and were let go with no prior notice through no misconduct of their own (rather that the product was unviable), are they entitled to some comeback? Obviously they would have been let go during their probationary period.

No entitlement to statutory redundancy I'm afraid (min 2 year's service) and no entitlements under the Unfair Dismissals Acts (min one year's service). In the absence of a discriminatory reason (sex, age, marital status etc.) for the dismissal, your other friend is entitled to notice (at least a week) and holidays untaken.

Sprite

 

[BoscoTalking]

Do the responses to this mean in effect that the contract is a waste of paper? the company only have to comply with employment law anyway. and if so is that reversible?
I am thinking (kind of tailgating on the OP's topic) of the case where you do a course in the evenings subsidised by the company and they make you sign a contract to pay 100% back if you leave during or a year after and 50% if you leave two years etc - is that binding at all? can they take it from your wages?