Instant dismissal today

magenta22

Uncertain wrote: »

But there is no redress with less than a year's service and the company is under no obligation to offer a reason at all.

Whilst I agree with this and companies use this far to easily, if the OP didn't realise that they were not doing something how they expected them to, how were they meant to know if it wasn't mentioned? That is the point of a performance review.

Googlewhacker

magenta22 wrote: »

Whilst I agree with this and companies use this far to easily, if the OP didn't realise that they were not doing something how they expected them to, how were they meant to know if it wasn't mentioned? That is the point of a performance review.

I agree to a point but you do know if the competency of an employee is not making the grade after 4 months.

The prob could have done more to help the OP but they obviously felt it would be futile.

Contractual notice pay and holiday gained uptil the end of the notice should be paid though.

magenta22

Googlewhacker wrote: »

I agree to a point but you do know if the competency of an employee is not making the grade after 4 months.

The prob could have done more to help the OP but they obviously felt it would be futile.

Contractual notice pay and holiday gained uptil the end of the notice should be paid though.

I suppose really it would also be what the job entailed and were they also given ample training.

OP there isn't much you can do about it as long as they pay in lieu of notice.

Bobl

Is this really all there is too it - are you sure you have not had time off (Sick), or late to work over that period?

WPN

KiKi wrote: »

They can dismiss you for any reason as long as it's not discriminatory in law.

However, they still need to follow correct procedures. What was your notice period? Are they going to pay you in lieu of that? Make sure you are paid your wage until today, your notice period and any holiday owed to you.

Sorry to hear about your dismissal.

KiKi

At 4 months they need not even give you a reason for dismissal... I hear Dave wants to raise this 12 month period to 24 months.

Contractually, as you are in a 6 month probation period... the employer has not infringed the contract. The probation period is there (even though it works both ways) so they can get rid of staff without reason be it poor performance, lied in job interview/about qualifications, cant afford to keep you on or they cant stand you as a person. This means they don't need to follow procedure - however some anti-discrimination law still applies although even if this was the case it would be difficult and pointless to achieve.

Thriftysaver

Giving an employee the status of "probationer" does not give the employer the right to terminate the employee's employment without the employee having any legal recourse. Where it is a term of the employee's contract of employment that the employer will follow a disciplinary or other procedure (such as a redundancy procedure) prior to the employee's dismissal and this is not followed, if the employee can show that conducting the procedure would have taken time and therefore extended the period of employment, he or she will able to claim as damages for breach of contract lost wages for the time that the disciplinary or other procedure would have taken. The limit of damages is the time that it would have taken to pursue the procedure and, in most cases, the compensation awarded tends to be a sum of approximately three to four weeks' pay.
So, if an employer dismisses an employee on probation for conduct reasons without following a contractually binding disciplinary procedure, the employer is at risk of a breach of contract claim for failing to follow its own procedure.

KiKi

Contractually, as you are in a 6 month probation period... the employer has not infringed the contract. The probation period is there (even though it works both ways) so they can get rid of staff without reason be it poor performance, lied in job interview/about qualifications, cant afford to keep you on or they cant stand you as a person. This means they don't need to follow procedure - however some anti-discrimination law still applies although even if this was the case it would be difficult and pointless to achieve.

Sorry, but this is just not true on two counts.

'Probation' means nothing - unless on completion your T&Cs change. It doesn't allow employers to get rid of staff more easily in the first six months. They can get rid of you just as easily in the next 6 months, too. It's a false concept - and to say that being on probation means the employer can't infringe the contract is nonsense. A company's probationary period has no bearing on the law's view of contractual and statutory rights (unless your T&Cs change on completion of such a period).

In addition, they DO need to follow their own procedures. Indeed, if they don't, breach of contract could be claimed.

KiKi

tigeress289

There are 2 spot on posters here and the OP should read them carefully. As I have found out, there are things that can be done for people employed under the 12 months.
The minimum the OP should get is the 1 week notice. Reading the post, I would settle for that and move on.

Sambucus_Nigra

tigeress289 wrote: »

There are 2 spot on posters here and the OP should read them carefully. As I have found out, there are things that can be done for people employed under the 12 months.
The minimum the OP should get is the 1 week notice. Reading the post, I would settle for that and move on.

What sort of 'things'?

True_Mister_Six

Sambucus_Nigra wrote: »

What sort of 'things'?

I'd be interested in knowing this also...