Dismissed during Probation

Worrier2009 · 21 June 2009 at 2:38AM

Hi All,

first time post so please hear me out. For the last 4.5 months I've been working in the job of my dreams! I've absolutely loved it, and I've felt that the bosses absolutely loved me too. I've had 3 reviews all of which have been totally glowing. I've even had a promotion offer already.

Anyway, my last review was on Friday 12th June where I was given a fantastic review but at the end I was asked if I could attend a meeting to discuss a mistake I had made back in April. At this meeting my employment was ended.

Before anyone states the obvious lol I know I'm still in probation so my rights are limited! My issue is:

* Can the company get rid of me without the proper 3 stage process?
* If I wasn't sacked for gross misconduct (I wasn't) shouldn't I have been given an action plan and a warning - and possibly a probation extension?
* Should the company have discussed alternatives to dismissal with me?
* Is it fair that I've had reviews where this mistake wasn't mentioned only for it to seem so important now?

On my return from the meeting I sent off a letter as per the grievance procedure. This may seem odd but I want my old job back.

I look forward to hearing your comments.:T

fengirl_2 · 21 June 2009 at 3:41AM

Yes, as you have been there for less than 12 mths, you can be dismissed at any time and it is not unfair unless it involves discrimination. The 3 step process does not apply frm 6 PAril in any case - there is now an Acas Code of Conduct instead., which is not so rigid.
There is no obligation on the company to do the other things you suggest, although I agree they are good management practices.

Worrier2009 · 21 June 2009 at 4:07AM

Thanks Fengirl. I know my dismissal hasn't been "unfair" but rather a bit shoddy. Do you think I might be able to shame them? They are a big company (FTSE 100) so I was hoping that they'd be embarassed by my immediate line managers behaviour.

andygb · 21 June 2009 at 6:41AM

Worrier2009 wrote: »

Thanks Fengirl. I know my dismissal hasn't been "unfair" but rather a bit shoddy. Do you think I might be able to shame them? They are a big company (FTSE 100) so I was hoping that they'd be embarassed by my immediate line managers behaviour.

First of all, bad luck Worrier, this is a horrible thing for an employer to do, but it is becoming ever more frequent these days. My wife was on a six month contract last year, and she was dismissed without reason just two weeks after a glowing review (at the 3 month stage). She was called into the manager's office at 4.00 on a Friday afternoon, and told to clear her desk immediately.
Her emotions went from sadness to depression, and then to anger, as she realised that she was powerless to do anything.
I hope you find something much better in the future (my wife did - fortunately), and that you can move on and forget all about this.
Andy

PlutoinCapricorn · 21 June 2009 at 7:03AM

I agree with Andy that this sort of thing is common at the moment, I know of a similar case. The reason is probably financial, but why do these companies take people on in the first place?

Leading someone on, making them think that the job is theirs then suddenly telling them at the end of the probationary period that they are not suitable is not very ethical.

I don't think that there is much that you can do, apart from asking why they did this. Who actually makes the decisions? Was it the same person who suggested that a promotion might be on the cards who dismissed you? Sometimes people get carried away with enthusiasm and tell you what you want to hear.

You might tell them that this is not good practice, in the hope that they will think again before doing it to someone else.

chuckley · 22 June 2009 at 8:11AM

i think its down to the recession rather than ur mistake. they see it as an easy way of gettin rid of u.

life sucks forreal.

marshallka · 22 June 2009 at 8:20AM

Were you being paid a minimum wage or was this a young apprentice. My son was finished after having "glowing" reports on an apprentice but only receiving £80 per week. He attended college for this as well for a day and passed everything with merits and had the best reports from them that a student could have but as soon as he was 21 and they had to pay him a minimum wage (he was near on 20 when they took him on) they finished him. We got in touch with the firm he was working for and they said that as he was 20 and not 16/17 they would have to pay him more so expected him to do the apprenticeship quicker - to which I replied that if i was training to be a doctor and the course was 5 years would I have to complete the course in half the time of the younger students??

We took our case to tribunal as I am sick of people being exploited in these apprenticeships and just being used as an odd job person by some companies with no intention of ever keeping them on or paying them a minimum wage. Things like these need regulating.

By the way - we won the tribunal too. They could not defend themselves but it has not helped my son in any way only to bring him down to earth of what kind of world we live in. The worst thing was that he was only a couple of months off the NVQ that he was working towards so he never gained it and although the training place tried to find another place to take him on to finish it no-one would (he would have had to be paid a minimum wage by then) so it was a complete 14 months wasted of his life. He actually needed a workplace to do this and could not just do it at college.

I hope you sort it out OP. If you feel you have been treated unfairly then complain. You only have a certain amount of time with which to do this so think quick.

MickW_3 · 22 June 2009 at 3:08PM

First of all I'm really sorry to hear about your predicament, I had something similar happen to me at my last company, with the exception that they decided to extend my probationary period for another 3 months at which point they terminated me :mad:

The problem with probationary periods are that unscrupulous employers can use it as a quick getout clause when things get tight, or they just need some excuse to get rid of an employee.

I take it that there was no HR presence at your review? Because they are usually present and act on the side of your line manager. I think that if they wanted to keep you they should have at the very least extended your probationary period and as part of the meeting set out what their expectations of your performance should be. It sounds to me like they just wanted to take the easy option.

I understand how it must make you feel, the place I worked at looked really good but in the end was too good to be true. Even though I'm now in financial difficulties because of this I still have no regrets about not working there. I saw at least 5 other people dispensed with inside their initial 4 month probationary period, it spoke volumes on what the company was really like to work for.

Have you requested a copy of the reference they intend to provide future employers with? If not I'd send them a letter requesting a copy for your records. Bear in mind that an employer can say anything the can as long as it is based on factual events, I know it isn't much comfort right now but you need to start planning your next move e.g. temporary work just to put some distance between your current employer until they drop off the list.

Anyway hang in there, things will work out in the end and let us know how you're getting on

Scousebird_2 · 22 June 2009 at 3:29PM

I worked for a large well known company too and I was doing really well at work-but then I had a family problem and my standard of work was still maintained, but my targets were increased and I was struggling to meet the sales-and after asking for support, I was getting very little and no mentorship after repeatedly asking, I even had this in writing and all I was told in a nutshell was 'thanks for doing my job for me-that's saved me some time'-so inadvertedly my probatiion was extended and I agreed and straight away looked for another job-I was being taken advantage of and I wasn't prepared to be treated like that so got a new job within a month and 'played their game'-having deadlines extended and put in the required effort-documenting the reasons why I didn't achieve the unrealistic targets (because that's what they were)-each day until I handed my notice in!

It not right that employers can contractually blackmail people into doing a job-without taking into account people's circumstances. It's wrong aand I do feel sorry for your son as it's not right the way he's been treated. I hope you take this to tribunal and win.

Good luck!

msflowerfairy · 22 June 2009 at 4:16PM

This also happened to me, on probation, glowing reports, let go after 2 weeks and told to clear my desk immediately!
I was told that they didn't have to give me a reason.
This has never happened to me in my whole working life, and i was totally and utterly shocked.
I start a new job in 2 weeks time, and i can't wait, but it goes to show the way compaies are treating their staff these days, and in my opinion it shouldn't be allowed by law!!!

Debt_Free_Chick · 22 June 2009 at 6:06PM

Shocking that they wait three months before making an issue of a mistake - truly shocking; bad practice and very poor management skills.

Unfortunately, I suspect that raising the April issue was just an excuse. More likely there is "something else" which may not even be personal. If the company is looking to keep costs under control or not increase headcount, then you would always be the "obvious target" having been employed for less than 12 months.

Shocking, but it probably isn't you at all so hold your head high and get yourself out there on the market.

All the best

Dismissed during Probation

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