Dismissed after completing probationary period

sarahlouisexo

Hi, me again with another question on the wonderful company I worked for!

For those who wished me luck, I passed my probationary period, but decided to leave to focus on uni work - the organisation, or lack thereof at the company was making it too difficult to properly focus.

However, one of my friends at the company completed his probationary period - that is we were told that the probationary period had ended on the 4th of January, and everyone would have reviews before that date to be told whether they'd passed or failed, and only the people who'd passed would be on the rota beginning the 5th of January.

So he has been working up until today, meaning he'd passed his probation, but he was never given a review. To quantify a 'review' consisted of being given a letter that said you'd passed or failed and that was it - people on permanent contracts just went back to their shifts, although temporary contracts had to sign a permanent one. My friend is on a permanent contract.

Today he went to work at 11, and was told that he was supposed to be in at 9 instead - he was never told that this shift had occured and the staff room rota wasn't adjusted - just the managers version. They did not ring him at 9am to ask where he was, which is company policy. When he arrived at 11am he was told because he'd been late he had to be let go immediately, and was escorted from the premises, was told he'd be sent his P45 out in the post. (Think its a P45, the one you get at the end of employment).

He has had two of these instances previously - but been told both times they weren't his fault, they were the fault of the manager and not to worry.

I'm sure this is shoddy behaviour by the employer, but I don't think its illegal because he's not been there two years yet. He has queried whether it would count as unfair dismissal because other people have had more instances of this occuring than him (one girl is on 6), but they have not been sacked, but I told him I doubt this because of the under 2 years service loophole.

My question is really, should there have been a disciplinary procedure gone through because he'd gone past the probation period?

And where does he stand on getting a reference? Do they have to give him one?

agrinnall

Probationary period is irrelevant, if he hasn't been there long enough to gain employment protection rights and the dismissal wasn't on discriminatory grounds then he's done for - I suspect even if the company handbook mandates a disciplinary procedure there would be no grounds to challenge it not being used.

No employer has to give a reference, or even respond to a request for one. Hopefully he'll get one, but he might want to see if he can line up someone in the company that he gets on with to provide a personal reference instead.

Sounds to me like they wanted him gone and rather than just sacking him went to the trouble - unnecessarily - of coming up with an excuse.

jobbingmusician

I'm (genuinely) not so sure about that.

IF the company disciplinary policy formed part of the OP's friend's contract, could he not claim wrongful dismissal?

Galaxy1987

I think it would be a long shot to look at breach of contract for not following disciplinary procedures. Even if they did follow them the outcome would be the same so it really cancel itself out.
Depending on how long he was there he should be entitled to notice pay.