Probation period rights?

sarahlouisexo

Hi all,

I'll try to keep this brief - I have a friend asking me for advice but quite frankly I don't know what to tell her so I hope someone on here can advise me/us!

We both have worked for a new retail store, given permanent contracts with 3 month probationary periods (which end at the start of January).

She took some time off, 1 week for gastroentiritis (Which she visited the doctor for, and so she could get proof), one unrelated day where she was just ill, and two days at the very start of the probation period relating to her fainting (in store, they witnessed this and called her an ambulance). In additional shes been 'late' a couple of times - we are given a rota which is up in the staff room, but the floor manager has a deployment, these didn't match up for a couple of weeks (A managers fault) so when we turned up for our rota'd shifts, it looked like we were late, although we were at no fault.

Yesterday she found that a drawer behind the till which is normally locked was open and ajar, and as one the opening jobs is to go through the drawers, tidy them and make sure they each contain the relevant things, she took everything out and started to neaten it up etc - but realised the top file was her personnel file, and the letter on top of this was to her, and dated a couple of days ago, informing her she had failed her probation.

Now obviously the store/managers are at fault here, because our personal information has been left lying around where everyone had access to it when it should be locked in the office, and I was wondering whether or not its allowed that they've made a decision about her probation before its even over - surely if you have a three month probation, you should get three months to prove yourself - not two months and a week?

Second, does she have a case for unfair dismissal at all? Shes been sacked with regard to illness that can be proven, but staff have been kept on who have done much worse - one lad came in four hours late, in last nights clothes and still drunk, which is obviously worse than a few sick days. In addition people have had complaints etc etc - I accept that she's probably had too much time off, but I don't think thats worse than what a lot of people have done - so how does she go about proving she was unfairly dismissed compared to other staff who've been kept on?

Thank you

charlie3090

3 separate absences in that short time is far too much but im afraid
that she has no grounds whatsoever to challenge this,
also she has been late a couple of times,if you was an employer ,would you want to keep someone who has had this many issues in a
few weeks of working for you?,
I hope everything works out for you and you pass your probation,
Charlie.

charlie3090

sorry,
forgot to say no rights to challenge dismissal until you have worked
for 2 years(there are a few exemptions to this)

Takeaway_Addict

probation periods are really pointless. Your true probation period is 2 years, they can dismiss you in the first 2 years for pretty much anything they wish as long as its not discriminatory in the eyes of the law (ie sex, gender etc) or for sticking up for statutory rights.

You're friend has no chance unless they can prove they were dismissed for a charateristic under the equality act and its not looking good!

sarahlouisexo

Thanks everyone - I didn't really think she'd have much of a leg to stand on so thought I'd get some advice so I could help/dissuade her/help her to leave with as much dignity as possible. She got in a right strop about the whole thing just after I'd posted this, called the store and gave in her notice effective immediately, citing that she didn't want to work somewhere that her personal information wasn't treated properly, or kept safely, so I think thats pretty much that!

Takeaway_Addict

sarahlouisexo wrote: »

Thanks everyone - I didn't really think she'd have much of a leg to stand on so thought I'd get some advice so I could help/dissuade her/help her to leave with as much dignity as possible. She got in a right strop about the whole thing just after I'd posted this, called the store and gave in her notice effective immediately, citing that she didn't want to work somewhere that her personal information wasn't treated properly, or kept safely, so I think thats pretty much that!

lol oh well...you can all but try