Help please - what to expect?

b-b-b

b-b-b:My friend knows she will not have a job after Monday. She spoken with ACCAS and another few people we know that are working in HR. Everyone confirmed that she now has 1 month notice as the letter arrived after the end of 6months probation. She will meet her manager and HR tomorrow....let see what they offer...

I wouldn't have that - milk bottle with gasoline in it. :T revenge dance!

giruzz

b-b-b wrote: »

I wouldn't have that - milk bottle with gasoline in it. :T revenge dance!

Ok, apologies for taking so long this is the update after last monday meeting:

1- Probation extended until the 6th of May
2- She was told that where on the contract it say '6 months probation' it was to intend '6 months or 180 working days and not calendar days'
3- The fellow employee that accompanied her was not allowed to speak and even though company's regulation says the opposite
4- She was told by an HR staff that she passed probation but this does not count as 'the HR person was not qualified to answer and because the HR manager was on holiday the company could not submit a letter for extending probation'
5- The day after the meeting the company director sent a facility guy to 'clean' my friend's desk as 'her employment was terminated'
6- The minutes that were submitted to my friend were partial (at least) as many points or question she raised are not there

Anyway, we are seeking legal advice. Any suggestion for a good solicitor in East London?

Thank you

giruzz

mountainofdebt

sorry to be thick but do you mean that your friend's employment was terminated?

To be honest I've never heard of a probation period being 180 work days - its always been 6 months including weekends!

The problem that your friend has got - which is the same one I faced - is that she has virtually no rights as she has been employed for less than a year .....her only chance of taking it to a tribunal is if she can claim unfair dismissal under one of the clauses such as sexual or racial.

Does your friend have legal cover under her house/car insurance ? If she does then I would approach them first - at least that way she won't have to pay to find out she has no chance of taking it further legally.

olly300

giruzz wrote: »

Ok, apologies for taking so long this is the update after last monday meeting:

1- Probation extended until the 6th of May
2- She was told that where on the contract it say '6 months probation' it was to intend '6 months or 180 working days and not calendar days'
3- The fellow employee that accompanied her was not allowed to speak and even though company's regulation says the opposite
4- She was told by an HR staff that she passed probation but this does not count as 'the HR person was not qualified to answer and because the HR manager was on holiday the company could not submit a letter for extending probation'
5- The day after the meeting the company director sent a facility guy to 'clean' my friend's desk as 'her employment was terminated'
6- The minutes that were submitted to my friend were partial (at least) as many points or question she raised are not there

Anyway, we are seeking legal advice. Any suggestion for a good solicitor in East London?

Thank you

giruzz

Don't waste your money on a solicitor.

If there is no discrimination under the age, sex, religion or race then your friend can't claim unfair dismissal as mountainofdebt stated.

The only thing she could go for is beach of contract in an employment tribunal or a county court.

Both of these are a waste of time for most people as
1. Breach of contract payments are capped to a weekly amount in employment tribunals. (Can't remember the figures but you can find out yourself.)
2. The employer can counter claim in either an employment tribunal/county court and bring a breach of contract claim against the ex-employee.
3. If you end up in a county court you have to pay court fees.
4. The awards are very small so it's not worth a solicitor doing it. I remember reading a case where the ex-employee was awarded £500.

If your friend is desperate to take the employer to a tribunal then she should do it herself for breach of contract but if you and her can't understand that she have very limited rights as others have pointed out, and don't have the ability to do some research yourself (there is plenty of information out there), then you are wasting your time.

LittleVoice

If she has been dismissed (it's not clear from your post whether she has now been dismissed or they are saying she is still in a probationary period), the only chance of success with an ET would be on process, I think.

Looks like they were trying, but failed, to do something with the letter to make it "in time" (I asked in post #10 about that because I suspected they would try something on the date front). So in the end they moved to saying that six months was "intended to mean" something other than the normal meaning of the words. If they were meant to mean something different at the time it was issued, it should have been spelt out.

The fact that the HR manager was away is nothing to do with your friend. They should have got their act together. The fact that HR are incompetent is not your friend's fault.

Good luck - but do let us know whether she has been given notice (and it sounds like the one month due under the contract you mentioned) or whether it really is just an extension of the probationary period and she would still be entitled to notice after that.

giruzz

LittleVoice wrote: »

If she has been dismissed (it's not clear from your post whether she has now been dismissed or they are saying she is still in a probationary period), the only chance of success with an ET would be on process, I think.

Looks like they were trying, but failed, to do something with the letter to make it "in time" (I asked in post #10 about that because I suspected they would try something on the date front). So in the end they moved to saying that six months was "intended to mean" something other than the normal meaning of the words. If they were meant to mean something different at the time it was issued, it should have been spelt out.

The fact that the HR manager was away is nothing to do with your friend. They should have got their act together. The fact that HR are incompetent is not your friend's fault.

Good luck - but do let us know whether she has been given notice (and it sounds like the one month due under the contract you mentioned) or whether it really is just an extension of the probationary period and she would still be entitled to notice after that.

Hi,

My friend's probation was over the 29th of March
The 30th she got a letter saying that they weren't satisfied with her performance.

The meeting was held the 6th of April and on that meeting they say that they extended her probation for a month (until the 5th of May). They claim she is still in probation as she does not have completed 180 working days of work so she is entitled at only 1 week notice.

We were thinking about breach of contract if they give her one month notice and something to see re bullying as they are sending people to clear her desk as 'her employment has been terminated' (which is not true yet).


Thank you everyone for your help!

giruzz

DCFC79

giruzz wrote: »

Hi,

Thank you for the help. I have only one question...

Does my friend have 1 week notice or does she has 1 month?

Her meeting is scheduled about two weeks after the 'official' end of probation but she does not have signed an 'end of probation' paper or declaration...

thank you

giruzz

id say a week as the notice i have to give or be given is 1 week