Dismissal while on probation

TuppenceHapenny

Four weeks after starting a new job and while still on probation I was called in to see a senior manager and dismissed on the spot. No reason was given. I am expecting to be paid in lieu of the weeks notice specified in my contract.

Until the point of dismissal, everything had been normal with no indication of any issues. As I was collecting my stuff to leave the building, my manager and head of department were apologetic about what was happening, said there was nothing they could do about it and the issue was nothing to do with the standard of my work.

Do I have any statutory rights at all in this situation (and are the rules the same throughout the whole UK)?

- do I have a right to be told why I was dismissed?
- do I have the right to be taken through any sort of disciplinary process (my contract says that the full disciplinary and grievance procedure does not apply during the probationary period)?
- is there any point in raising a grievance and if so can it be done after my employment with them has ended?
- if I do eventually find out their reasons for the dismissal and I think they are unfair or unreasonable, what should I do about it?

- do I have a right to demand that they provide a reference for future employers?
- do I have a right to know what sort of reference they provide to future potential employers (since it may be negative and stop me from getting a job)?

Is there anything at all I can do in this situation given that I may have been deprived of a job unfairly and now have a stain on my employment record, or does the law only protect the employer?

TadleyBaggie

It's a big fat no to all those questions.

McKneff

The only right you have is to have your notice period paid. That's it. Why dint you ask why at the time.

Undervalued

TuppenceHapenny wrote: »

Four weeks after starting a new job and while still on probation I was called in to see a senior manager and dismissed on the spot. No reason was given. I am expecting to be paid in lieu of the weeks notice specified in my contract.

Until the point of dismissal, everything had been normal with no indication of any issues. As I was collecting my stuff to leave the building, my manager and head of department were apologetic about what was happening, said there was nothing they could do about it and the issue was nothing to do with the standard of my work.

Do I have any statutory rights at all in this situation (and are the rules the same throughout the whole UK)?

None that are useful

- do I have a right to be told why I was dismissed?

No

- do I have the right to be taken through any sort of disciplinary process (my contract says that the full disciplinary and grievance procedure does not apply during the probationary period)?

No

- is there any point in raising a grievance and if so can it be done after my employment with them has ended?

No

- if I do eventually find out their reasons for the dismissal and I think they are unfair or unreasonable, what should I do about it?

Nothing at all

- do I have a right to demand that they provide a reference for future employers?

No (unless you happen to work in one of a few regulated professions)

- do I have a right to know what sort of reference they provide to future potential employers (since it may be negative and stop me from getting a job)?

No. If they give a reference at all it must be truthful and not deliberately misleading. That is all.

Is there anything at all I can do in this situation given that I may have been deprived of a job unfairly and now have a stain on my employment record, or does the law only protect the employer?

No

Answers in red above. Sorry!

Undervalued

Just to add regarding the reference.

You can obtain a copy of any reference they do send from the recipient if necessary by making a subject access request under the DPA.

However, basically they can say anything they like as long as it is true. If you challenge them over what they say their response will almost certainly be to refuse any further reference request.

That said, many firms these days have a policy of absolutely minimal references often saying little more than the dates of employment.

jobbingmusician

Please note that the replies above are all correct, but I wanted to reassure you that they are a reflection of the abysmal labour market conditions in which we all work, rather than any reflection on you. I would join you in hoping that your employer feels a real scumbag for having to dismiss you, and that they will reflect this by writing a nice reference!

Voyager2002

TuppenceHapenny wrote: »

As I was collecting my stuff to leave the building, my manager and head of department were apologetic about what was happening, said there was nothing they could do about it and the issue was nothing to do with the standard of my work.

This is just about the only good news for you. They had no need to be 'nice' to you, so the fact that they gave this reassurance suggests that they were telling the truth.

So;

since you have no rights, make the most of whatever good-will you earned. Write to your former manager politely, saying that you enjoyed working there and would appreciate any feedback that they could give you about your behaviour and the quality of your work. And of course whether they would feel able to provide helpful references.

Honest feedback can be very helpful, and might or might not give you some clues about why you were removed. It could well be that the reason for your dismissal had nothing to do with you and your work, in which case you will probably never know but basically have no need to know.

[Deleted User]

Were you definately 4 weeks outside of the job?

I ask because if you were inside of 4 weeks they could get away with paying no notice pay.

It's quite something when you see in a letter of employment "you must realise that during the first month of service your employment may be terminated without notice" but your post reiterates why people should always keep an eye open and look after themselves - hope you pick something up again very soon - this time of year people still do get job offers made.

Bogalot

Deleted%20User wrote: »

Were you definately 4 weeks outside of the job?

I ask because if you were inside of 4 weeks they could get away with paying no notice pay.

It's quite something when you see in a letter of employment "you must realise that during the first month of service your employment may be terminated without notice" but your post reiterates why people should always keep an eye open and look after themselves - hope you pick something up again very soon - this time of year people still do get job offers made.

If you read the OP's post properly you would know he has a contractual right to notice pay.

usefulmale

In the future, I wouldn't mention any of this to any prospective employer and I would not put them down for a reference. I'm sure you can come up with something to explain the 4 weeks you were with these people.

xapprenticex

As Bill Gates would say: