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Trial period and constrcutive dismissal
fluffymovie
Posts: 1,417 Forumite
Hello!
I wonder if anyone could advise me on this situation at my work. I apologise in advance if I am unclear and would happily clarify anything if needed.
In June 2009, my employer undertook a department restrcuture and my job and that of some of my colleagues were put at threat of redundancy. New posts were created and we applied for and were successful in getting those jobs. The job I got was the post that was responsible for training and 2 of the other people were going to be my resposibility.
I have done my very best to train these guys but it is a tricky job with a lot to learn and they have struggled. However, we were all put on trial periods for the new job and I was lucky enough to be made permanent in September but their performance was causing my managers concern so they extended their trial periods. This extension has been done a couple more times and it has been a very difficult and stressful period for everyone.
My query is, if it is decided at the end of the trial period, could they claim for constructive dismissal blaming me as the trainer for not providing them the right kind of training, or does the fact that they are on a trial period and so not permanently appointed to the role make this unlikely.
If they do decide to say that it is constrcutive dismissal, would this affect my job in any way? That is to say, if someone goes for constructive dismissal and cites someone in it (like me as the trainer) does this have an impact on my job, would I be suspended or anything like that?
Could someone also advise what is involved in a claim for CD. Would I need to attend a tribunal or anything?
So sorry if I have rambled on but am really worried!
I wonder if anyone could advise me on this situation at my work. I apologise in advance if I am unclear and would happily clarify anything if needed.
In June 2009, my employer undertook a department restrcuture and my job and that of some of my colleagues were put at threat of redundancy. New posts were created and we applied for and were successful in getting those jobs. The job I got was the post that was responsible for training and 2 of the other people were going to be my resposibility.
I have done my very best to train these guys but it is a tricky job with a lot to learn and they have struggled. However, we were all put on trial periods for the new job and I was lucky enough to be made permanent in September but their performance was causing my managers concern so they extended their trial periods. This extension has been done a couple more times and it has been a very difficult and stressful period for everyone.
My query is, if it is decided at the end of the trial period, could they claim for constructive dismissal blaming me as the trainer for not providing them the right kind of training, or does the fact that they are on a trial period and so not permanently appointed to the role make this unlikely.
If they do decide to say that it is constrcutive dismissal, would this affect my job in any way? That is to say, if someone goes for constructive dismissal and cites someone in it (like me as the trainer) does this have an impact on my job, would I be suspended or anything like that?
Could someone also advise what is involved in a claim for CD. Would I need to attend a tribunal or anything?
So sorry if I have rambled on but am really worried!
I currently manage a Housing Benefit service and have been working in Housing / council tax benefit (as was) since 2001.
All views expressed in my posts are my own opinions and do not necessarily reflect those of my employer.
All views expressed in my posts are my own opinions and do not necessarily reflect those of my employer.
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Comments
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If an employee's employment is terminated during or at the end of a statutory trial period, they would be able to bring a claim of unfair dismissal to an ET (subject to them havingat least one year's continuous service). Such a claim could be based on the ending of the employee's original contract by claiming that their selection for redundancy was unfair or it could be based on the ending of the new contract arguing that the employer had no proper reason to dismiss them on grounds of unsuitability for the new job.0
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If an employee's employment is terminated during or at the end of a statutory trial period, they would be able to bring a claim of unfair dismissal to an ET (subject to them havingat least one year's continuous service). Such a claim could be based on the ending of the employee's original contract by claiming that their selection for redundancy was unfair or it could be based on the ending of the new contract arguing that the employer had no proper reason to dismiss them on grounds of unsuitability for the new job.
Is it just me or have you copied that from another website?
OP, the contract of employment is between the employer and the employer, any claim for constructive dismissal would not have a direct impact on you (you would not be a party to the claim). If they were dismissed it would be on capability grounds, so the employer would usually go through performance management/ disciplinary processes before dismissal, though it sounds as though this may already be happening.
The only way that it could affect you is if they complained that you are the reason that they have failed. If this was the case, internal proceedings could take place to ensure that you were fulfilling the requirements of your own role. Again, this could lead to a performance management plan, and ultimately dismissal if you were found to be incapable.Gone ... or have I?0 -
Is it just me or have you copied that from another website?
Yes. Reference was from a web site. As a practitioner and through my role I have access to legal and HR related info via sucbcsription through my organisation.. No point given advice that is incorrect.
The advice given is legal advice therefore I'm afraid your first paragraph response is incorrect.0 -
Is it just me or have you copied that from another website?
Yes. Reference was from a web site. As a practitioner and through my role I have access to legal and HR related info via [STRIKE]sucbcsription[/STRIKE] subscription through my organisation.. No point given advice that is incorrect.
But generally a credit is given to indicate where it is from & that it is indeed current and/or valid.0 -
Yes. Reference was from a web site. As a practitioner and through my role I have access to legal and HR related info via sucbcsription through my organisation.. No point given advice that is incorrect.
The advice given is legal advice therefore I'm afraid your first paragraph response is incorrect.
In theory your advice was correct. There is one thing you didnt mention....to bring a claim for unfair dismissal you must have at least 1 years service. You can only claim at a tribunal for discrimination if you have under 1 years service.
I would read the whole part of your files before quoting certain sections as they can be taken out of context 0 -
Lady007, as others have said, best to double check your sources first, your post is misleading.
Care to point out how my information is incorrect, in your own words this time?Gone ... or have I?0 -
In basic terms, constructive dismissal is where an employee quits their job. It is quite a difficult thing to successfully claim for. It might happen where someone is left with no choice but to quit - maybe they have been bullied terribly, maybe their terms have been changed and their job has become impossible or unbearable. Even then procedures must be followed closely.
If at the end of the trial period your employer decided to let these employees go on grounds of their capability, the employees in their unhappiness at being dismissed might look to claim for something like unfair dismissal but they would need to have at least one year's continuous service from your employer (unless they can prove they were dismissed for an automatically unfair reason e.g. gender discrimination) to even consider it. Even if they had a case, it would be unlikely to reflect on you and you would not be directly involved in any action. If some accusations were made against you they may require investigation internally by your employer but if your job as trainer has been carried out as best as possible by you in line with how/what you have been told to do and you have a good history with the company you should have nothing at all to worry about.0 -
Fluffy; are you a trained trainer?0
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In theory your advice was correct. There is one thing you didnt mention....to bring a claim for unfair dismissal you must have at least 1 years service. You can only claim at a tribunal for discrimination if you have under 1 years service.
I would read the whole part of your files before quoting certain sections as they can be taken out of context
If you care to read again - the post clearly states that the advice is subject to having one years continuous service. Thanks for your advice about reading the whole part of my files first. It appears that you are the guilty one??
Also, quote - You can only claim at a tribunal for discrimination if you have under 1 years service. This is misleading. I think what you want to say is that you can claim for discrimination regardless of your length of service.
I do stand to be corrected on the source of the info. On this occasion credit should be given to www.xperthr.co.uk.0
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