Help needed.

funkyphil71

I started a job trial through the jobcentre on 5th may for 4 weeks,and was given the job after this period.Today i walked into work after having thursday,friday off due to a back problem only to be asked to go into the office where i was told that my services were no longer needed.I hurt my back at work on wednesday and rang in thursday to say i would`nt be in as i could`nt even put my own socks on,i was told to have the rest of the week off so as i was in no state to work i did so.
Then today i get told my job is no longer required due to the state of the business etc etc.I was then paid for last weeks work and that was that,no notice no nothing.So after nearly 18 months of unemployment i`m back where i started after just 2 months work.
Can i be laid off there and then without notice?

RossDave10

Depends on the type of work, where I work if your part-time, then only 1 week notice is required if you leave, assume would be the same if your laid off.

funkyphil71

I was working at a car sales pitch as a driver/salesman/valeter.

Uncertain

funkyphil71 wrote: »

I started a job trial through the jobcentre on 5th may for 4 weeks,and was given the job after this period.Today i walked into work after having thursday,friday off due to a back problem only to be asked to go into the office where i was told that my services were no longer needed.I hurt my back at work on wednesday and rang in thursday to say i would`nt be in as i could`nt even put my own socks on,i was told to have the rest of the week off so as i was in no state to work i did so.
Then today i get told my job is no longer required due to the state of the business etc etc.I was then paid for last weeks work and that was that,no notice no nothing.So after nearly 18 months of unemployment i`m back where i started after just 2 months work.
Can i be laid off there and then without notice?

Well, first of all unless you are guilty of gross misconduct they have to give you notice. The legal minimum is one week unless your contract states more. They can, in practice, opt to pay you for this but not require you to work. Technically this is breach of contract (unless your contract allows it) but is not really an issue in this case.

They must also pay you for any holiday you have accrued but not taken. If you have taken more holiday than you are entitled they can deduct this from the weeks pay.

Beyond this your rights are limited as you have worked there less than a year. If they were responsible (in the legal sense) for your injury you MAY have a claim against them for compensation. In this case if they chose to sack you your losses increase so you MIGHT get more compensation but they can still choose not to employ you.

So, unless you have been discriminated against on race, religious, sex or disability grounds that is about it I'm afraid.

RossDave10

Hmm, you would have to refer to your contract of employment.

With most places of work, the first three months (this varies) are your trial period, and in this period your employment is subjecto various requirements, such as you performing well etc, same goes with the nature of the business, It's normally only when your given a permanent position that you have the full benefits such as notice periods etc.

Uncertain

RossDave10 wrote: »

It's normally only when your given a permanent position that you have the full benefits such as notice periods etc.

No.

Although they can get rid of you for more or less any reason you are still entitled to the legal minimum notice. No contract can reduce you basic legal rights whatever it says.

LittleVoice

You have worked there for more than a month, so you are entitled to a week's notice at least. That week starts the day after they tell you (even if that were right at the beginning of what would be your shift).

So, unless you have a document which says you are entitled to more notice, you should be paid for last week (but probably not for Thursday and Friday unless they have a company sick pay scheme which pays out for the first couple of days, which seems unlikely) plus for Monday (the day you turned up to work and they gave you notice and for the five days (the week's notice period) which follow.

In addition, you are entitled to holiday accrued (up to 26 July, when your notice expires) but not taken. (However, they could get you to take a little of this entitlement during your notice period but they have to tell you that in advance - notice of twice the amount of time that the holiday is to be.)

Were the first 4 weeks as an employee or on some sort of trial organised by the Jobcentre when you probably were not an employee. If it was organised through the Jobcentre, you should perhaps check with them about this - sorry I'm not up to date with the schemes available through Jobcentres. If you weren't an employee, you would not have accrued holiday for those four weeks. If you were an employee then you would have been accruing holiday during those 4 weeks too.