Legal Question in Appeals and Writs in United Kingdom

My mums ex employer sacked her whilst she was off sick for 2 weeks, singed off by her doc. She can't claim unfair dismissal as she was there less than 2 years, they told her everyone else there got the same letter saying they were being laid off, but they didn't, and the company's also changed their name, although only by a word or 2. They're saying her contract is to a company that no longer exists but it's been proven they are still trading under that name. The case she's got against them, happening in June, is to claim the wages she's owed. But she's worried she won't win or get her wages... What do you reckon on her chances?


Asked on 4/19/12, 7:48 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

Your mother's chances of winning the case are very good. Since the sick leave is genuine backed by a medical practitioner's certificate, it is a flimsy ground for termination. Irrespective of the law in the UK, it is an international employment practice, that an employee who is found suitable on the job has to be confirmed on completion of the probation period which is maximum 90 days for regular employees and six months to a year for apprentices / trainees. She has not only to claim full wages she's owed, but she is also eligible to claim compensation from her ex-employer for foregoing her first right to be absorbed and employed by the new Company that has taken over the business.

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Answered on 4/19/12, 10:43 am


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