New Employment Disaster

drlabman

Hi, I'm hoping someone can help advise on the situation my daughter has found herself in. She quit her fulltime job just before Christmas having been offered a new job in London via an employment agency. The job was initially on 3 months probation - however after interviewing face-to-face with the employer, all the dealings were by phone calls and text messages between my daughter and the agency. My daughter has gone to great expense to move to London and arranged rental accommodation with the usual up-front costs. In the second week on the job, the employer has informed her that she isn't what they were looking for and have "let her go". Clearly, the employer has employed someone unsuited to the job, or possibly they have realised that they needed someone with a different skill set and experience. Throughout the whole process there has been no paperwork e.g. there has been no employment contract, no T&Cs etc. Does my daughter have any legal rights? Thanks.

AP007

No she has no rights as they can let her go unless its discrimination for any reason until she has been there 2 years.

TBagpuss

Unfortunately, no, she doesn't. She may have been misled, but her employer hasn't done anything wrong.
This must be devastating for her. I hope she finds a new job, sooner rather than later.

AP007

She is entitled to be paid any notice period and holiday accrued.

drlabman

Thanks very much for your replies. I don't doubt that you're right but I'm somewhat surprised that if you're on probation for the first 3 months that the company can terminate you at any time in that period. I'd always assumed that in such cases the situation would be reviewed a the end of the probation period.

AP007

drlabman wrote: »

Thanks very much for your replies. I don't doubt that you're right but I'm somewhat surprised that if you're on probation for the first 3 months that the company can terminate you at any time in that period. I'd always assumed that in such cases the situation would be reviewed a the end of the probation period.

Probation doesn't really exist anymore as even if you passed it 3 months in on month 24 they can still let you go with no come back.

sniggings

drlabman wrote: »

Thanks very much for your replies. I don't doubt that you're right but I'm somewhat surprised that if you're on probation for the first 3 months that the company can terminate you at any time in that period. I'd always assumed that in such cases the situation would be reviewed a the end of the probation period.

you can be sacked any time within the first 2 years for no reason, thank the Tories for this.

KiKi

drlabman wrote: »

Thanks very much for your replies. I don't doubt that you're right but I'm somewhat surprised that if you're on probation for the first 3 months that the company can terminate you at any time in that period. I'd always assumed that in such cases the situation would be reviewed a the end of the probation period.

Probation is simply a company process - it has no standing in law. They might say 'we'll give you three months then see how you're going' - but there's nothing in law to stop them changing their minds. It's mean, but that's about it.

I hope your daughter finds something better soon.
KiKi

hawk30

AP007 wrote: »

She is entitled to be paid any notice period and holiday accrued.

With no contract or paperwork alluding to notice, as she's only 2 weeks in there will be no notice period.

Denning.

If an employer has misled then there can be an actionable case, the same as when a employee lies in interview.

sniggings

Denning. wrote: »

If an employer has misled then there can be an actionable case, the same as when a employee lies in interview.

I agree, but if anyone understands that when the employer says there is a 3 month trail period, they take that as meaning, even if we think you are totally unsuited to the job, we will keep you employed for at least 3 months, if daft clearly, it means, we will be assessing you within the first 3 months, if you are not right for us, we will let you go within that 3 months.

Yes they can do this for the full 2 years, but the active assessment period is the first 3 months.