probation termination advice

johnnymac93

Thanks everyone for all of your replies
@bluenoseam, I really didn't mean to offend but then the abruptness of the response, however accurate didn't allow for the fact that I do fall into one of the exempt categories and had stated as much.
For everybody else who pulled me up again apologies. I didn't mean to offend the entire board. I did, however mention that I didn't want to go into detail hence my omission of the case in it's entirety. I see several of you wnat to know the detail also.
Thing is guys I was simply building a picture so that questions wouldn't be needed and I guess the picture wasn't complete enough for most although you don't need to know the exact details in order to answer the questions posed.
I've a feeling that it will take a legal head to know the answers.

For those interested in the exemptions I can give you 2 types of exclusion from an employer being able to just 'show you the door'. Descrimination (there are a few types of) and disability.

cheers
Jm

ps

Should anyone actually like to see the questions again please read the first post.... carefully

Sambucus_Nigra

johnnymac93 wrote: »

Thanks everyone for all of your replies
@bluenoseam, I really didn't mean to offend but then the abruptness of the response, however accurate didn't allow for the fact that I do fall into one of the exempt categories and had stated as much.
For everybody else who pulled me up again apologies. I didn't mean to offend the entire board. I did, however mention that I didn't want to go into detail hence my omission of the case in it's entirety. I see several of you wnat to know the detail also.
Thing is guys I was simply building a picture so that questions wouldn't be needed and I guess the picture wasn't complete enough for most although you don't need to know the exact details in order to answer the questions posed.
I've a feeling that it will take a legal head to know the answers.

For those interested in the exemptions I can give you 2 types of exclusion from an employer being able to just 'show you the door'. Descrimination (there are a few types of) and disability.

cheers
Jm

ps

Should anyone actually like to see the questions again please read the first post.... carefully

Why would we bother? It's you asking for help, not us asking for an explanation. If you want help, then be explicit about whatever characteristic you have. If you don't, then don't.

No skin off our noses.

Takeaway_Addict

johnnymac93 wrote: »

Thanks everyone for all of your replies
@bluenoseam, I really didn't mean to offend but then the abruptness of the response, however accurate didn't allow for the fact that I do fall into one of the exempt categories and had stated as much.
For everybody else who pulled me up again apologies. I didn't mean to offend the entire board. I did, however mention that I didn't want to go into detail hence my omission of the case in it's entirety. I see several of you wnat to know the detail also.
Thing is guys I was simply building a picture so that questions wouldn't be needed and I guess the picture wasn't complete enough for most although you don't need to know the exact details in order to answer the questions posed.
I've a feeling that it will take a legal head to know the answers.

For those interested in the exemptions I can give you 2 types of exclusion from an employer being able to just 'show you the door'. Descrimination (there are a few types of) and disability.

cheers
Jm

ps

Should anyone actually like to see the questions again please read the first post.... carefully

Its discrimination and exactly what I told you in my post but nothing in your opening post points to the fact that company have failed you in this regard.

And yes, a legal view is of course always always better than a forum.

As a side, ultimately you will have to prove they broke dismissed you for these characteristics (race, gender etc) and ultimately the fact of procedure is irrelevant if you cannot.

miduck

johnnymac93 wrote: »

Thanks everyone for all of your replies
@bluenoseam, I really didn't mean to offend but then the abruptness of the response, however accurate didn't allow for the fact that I do fall into one of the exempt categories and had stated as much.
For everybody else who pulled me up again apologies. I didn't mean to offend the entire board. I did, however mention that I didn't want to go into detail hence my omission of the case in it's entirety. I see several of you wnat to know the detail also.
Thing is guys I was simply building a picture so that questions wouldn't be needed and I guess the picture wasn't complete enough for most although you don't need to know the exact details in order to answer the questions posed.
I've a feeling that it will take a legal head to know the answers.

For those interested in the exemptions I can give you 2 types of exclusion from an employer being able to just 'show you the door'. Descrimination (there are a few types of) and disability.

cheers
Jm

ps

Should anyone actually like to see the questions again please read the first post.... carefully

You're still making no sense. You make no mention in the first post of being disabled or any other protected characteristic. Are you claiming that you were dismissed due to having a protected characteristic?

Oh, and we have all read the first post carefully. Okaaaay?

hawk30

johnnymac93 wrote: »

For those interested in the exemptions I can give you 2 types of exclusion from an employer being able to just 'show you the door'. Descrimination (there are a few types of) and disability.

cheers
Jm

ps

Should anyone actually like to see the questions again please read the first post.... carefully

Actually, disability comes within discrimination, so that's only one example. Yes, there are a number of reasons why you don't need the requisite amount of continuous service to claim unfair dismissal, but unless you tell us which one(s) apply to you, no one can help.

johnnymac93

I'm sure you're on a wind up Sambucus Nigra.
As I said, you don't need the detail to know the answer.
If someone asks me how to get from A to B in their car and I know the way I don't ask them if they have any fuel in it!!

Takeaway_Addict

johnnymac93 wrote: »

I'm sure you're on a wind up Sambucus Nigra.
As I said, you don't need the detail to know the answer.
If someone asks me how to get from A to B in their car and I know the way I don't ask them if they have any fuel in it!!

The answer has been given already, unless they dismissed you for a protected characteristic such as race, sex, gender etc then how they dismissed you is irrelevant as you have not worked presumably more than 2 years (more than 1 if hired before Apr 5th) at the company.

If you believe they have dismissed you due to a protected characteristic then thinking that and proving it are different things.

Go see a solicitor is my last comment on this

miduck

OK, delving through the ramble:

johnnymac93 wrote: »

Now that the detail is out of the way I ask you am I not right in thinking that if the meeting was a dismissal meeting that I should have been given a clear indication of the nature of the meeting and in good time to prepare myself?

No, that would be a disciplinary meeting. You have not been disciplined, your contract has been terminated at the end of your probationary period.

Secondly isn't there supposed to be a third, "independent" party taking minutes to stop the sort of thing happening that has happened here i.e me receiving minutes listing several faults aimed at me which were not mentioned in the meeting with neither party being able to prove what was actually said.

No, there is no requirement for this.

On the information given, your appeal appears to be doomed.

johnnymac93

Thanks Takeaway_Addict.

Yest i am to prove out to prove that they dismissed me for one of these characteristics.

Miduck, yes I am claiming that I was dismissed due to having a protected characteristic?

Hawk30. Thanks and i'm aware that i'd be better serverd by telling you which but I now have legal representation and not withstanding that I'd taken the measured approach of telling you all that I didn't want to go into detail from my original post. :A

hawk30

Ok, if you are saying that everything we need to know is in your first post, then I can say that none of the 'grounds' that you have listed enable to claim unfair dismissal given your short service. End of issue.

The only possible claim you might have is wrongful dismissal, which won't get you much. How long did you work there, did your contract say anything about notice and were you given any notice?