Dismissed during probation time

lindens

I think I know the answer but just wanted some advice.
My 17 year old son is 3 weeks away from his probation period ending (12 months) is on a written warning and was sacked yesterday for doing a couple of things wrong.
Am I right in assuming they can do this because of the probation period. Will he get a months pay? He is entitled to 2 weeks holiday pay presumably this is unaffected?

Thanks

LittleVoice

He will be entitled to be paid up to the time that he ceases to work for them. If he was dismissed with immediate effect, not having been given formal notice, then in addition he will be entitled to be paid for whatever notice period is included in his contract. This may be as little as one week (but not less than that). Accrued holiday not taken will also be payable.

standupguy

It is worth checking the notice period on his contract of employment.

If it is a month then that would take him over 12 months and into employment protection territory.

If it is a week, then sadly not.

studentphil

An employer can end or confirm employment at any time in a trial period without reason if under 12 months employment. Though a probation period should be ended with a notice period, so that notice period may take it over 12 months and then he could contest it.

marcus45

one week and what ever he as accrued in holidays

flossy_splodge

Don't mean to highjack this thread but may I ask - I know someone who was on a 3 month probation in a new job. They were sacked on the Friday at 5.30pm. The 3 months was up (if you count literally) on the Sunday night at midnight. The employer claims he only had to pay 1 week as the person had not completed their 3 months. Is this right? It was not normal to work Sat/Sun so surely, in effect they DID work the full 3 months so should have been paid the 1 months notice that became the contract once the probation was finished. Or is the argument that even with the 12 week notice paid, that still put the employee over the required 3 months.
This company also did not follow their own or any other 'procedure', ie no formal warning, no written warning etc. All help much appreciated.:eek:

LittleVoice

Sounds to me that the best challenge would come from a procedural angle.

pm_cooper

I need your help, well my wife does.

She was 7 weeks into her 3 month probation period, and yesterday at 4.45pm she was told they are terminating her employment, with 1 week's paid notice.

She was given fickle reasons, that she didn't fit in with the team (who she actually go on really well with) and that the boss couldn't trust her!
No evidence to back up why he decided to sack her. He also picked on a minor mistake made by the whole office, but as she was the new one blamed her with no evidence to back it up.
She had no warnings, no verbal warnings, no written warnings, and this is totally out of the blue.

Legally, is there anything she can do? she had no contract, but was given no written warnings that she was doing anything wrong!

Paul

Gertie_Walker

Your wife did have a contract - just turning up for work and being paid constitutes a contract.
However, with less than 12 months service, an employee can be dismissed at any time for no reason and this is lawful. The only time she might have a case would be if the dismissal was unfair by reason of some sort of discrimination.
Probationary periods have no basis in UK employment law - they are just a management tool - the 12 month rule is the legal one.

pm_cooper

thanks for this. have since found conflicting information via directgov...

The minimum procedure, which applies equally to the probationary review, consists of:
1. Your employer should inform you in writing of what you are supposed to have done (or not done) or otherwise set out the circumstances which have prompted them to consider dismissing you.
2. They should arrange a meeting with you, giving you reasonable notice to prepare for it, in order to discuss the situation and your proposed dismissal. You should be given the right to be accompanied by a colleague or a Trade Union representative.
3. The meeting itself should be on a reasonable date (for example not on your day off) and location. You should make a reasonable effort to attend. Your employer should reasonably consider any points that you wish to make before reaching a decision. It may be that your manager has given you insufficient training or support (for example) in which case this is your opportunity to say so.
4. If the decision to bring your employment to an end is taken, you should be given the right to appeal.In theory, failure to follow this procedure renders your dismissal

None of this happened. We'll have a meeting with citizen's advice see where we stand.

Zazen999

pm_cooper - all that is correct; if she is over the 12 months period.

Under that, she really has no employment rights unless she has been discriminated against....