Dismissed while on probation

queline

Any helpful and pleasant advice on this scenario would be most welcome please:
I started a job in October 2016 and received a job offer letter setting out start date and time, salary, hours per week and that the post was on three months' trial period, with the notice period required during that period. The holiday allowance was also included. Shortly after starting I received written policies on Sickness and Injury, Discipline and Dismissal and Grievance and Appeals Procedure. I did not receive a formal contract of employment and the company does not provide staff handbooks.
I received training as and when the person I worked with felt like doing it, it was discussed that I would take on more tasks however this never happened as she was a control freak and didn't want to give it up, so kept making excuses that she didn't have the time to show me. In spite of this, I felt we got on well and everything appeared to be going well.
At the end of my 3 months' trial period as I had not heard anything, I emailed the Manager responsible to ask if I had passed my trial and would I be receiving a written contract. She did not reply to my email however mentioned in passing one day that she hadn't forgotten to do it, so in fact I didn't receive any formal confirmation that I had passed the trial period. My colleague told me that in the 4 years she has been there, she has never received a contract of employment.
Shortly after this, there was an incident which I was blamed for, however I acted according to the information to hand and after an investigation had been carried out, it was found that a Director was the one to blame for things going wrong and at a meeting with my manager, she said I was completely exonerated and she would make sure that the Director concerned was made aware of the this and the events as they actually took place. I received no apology from said Director. However during this meeting, she proceeded to tell me of several misdemeanours of mine which had been brought to her attention (some of them by the same Director). I had little chance to defend myself as they were all sprung upon me, I asked why were they only just then being brought to my attention at the same time as the other incident for which I was not to blame, and why not when they occurred. She then said that my probationary period was to be extended for a further 3 months because of these errors I had made. I held my hands up to one of them, however the others were because I had not been given correct information or training by the woman I worked with. At no time did the manager set a time for a review of my performance. I received no regular reviews since my start date, whereas the woman I worked with was frequently called to meet with the MD to discuss her role.
Then this week, I was again called up the manager's office and told that I was dismissed and given two weeks' notice which I don't have to work. I was not given any reasons other than that I am 'not suited to the job'. The decision was made by the MD on the same day and my manager told me she did not agree with his decision but her hands were tied. I collected my things and left, however I have since realised that my colleague showed no surprised when I told her before I left so I believe she had some influence over the MD's decision.
Coming from an HR background to this job (which is not HR) I found the company policies and procedures to be lacking and in some cases non-existent. They also did not comply with a number of Health & Safety obligations.
I have a hearing impairment and wear hearing aids. I have noticed that the MD was getting annoyed with me because he is very softly spoken and quite often I didn't hear what he was saying first time and he seems to be annoyed that he had to repeat things, also I believe it worried him that I would be the same with the patients as I worked on Reception and Switchboard. I am not trying to imply that this was his reason for dismissing me but it may have been a contributing factor.
I am well aware that I have no rights to anything since I was still in my probationary period, albeit something which was only verbally communicated to me with no review date, and only two weeks before my dismissal, therefore not really a reasonable amount of time to improve my performance. I would therefore just like some advice regarding whether this employer has followed correct procedure or has done everything as he should. Thanks

Masomnia

Sorry this has happened to you.

It doesn't sound like what they sent you in writing regarding the role covers what they legally should have in terms of written particulars of employment, but this isn't something you can bring a claim for on its own.

Regarding the probation, if they didn't tell you after the three months had elapsed then you are deemed to have passed it. So they shouldn't have extended the probation after the three months. I think you could argue that you should be entitled to as much notice as would have been due had you passed the probation, but I would be interested to hear other thoughts on that.

It doesn't sound like a great company to work for, so perhaps it's best if you move on now.

Good luck in finding your next role.

agrinnall

The probation aspect is mostly irrelevant as your full employment rights do not come into force until you have been there for 2 years. In that time in general whether they have followed correct procedures or not doesn't matter as there is very little you can do about it. You have been given 2 weeks notice, which is more than the statutory entitlement (although you should check whether there is a contractual right to any more).

The complicating factor in your case is your hearing impairment, which may count as a disability, potentially giving you more rights. However, it doesn't sound like a great place to work anyway so finding something else is probably a better option, and hopefully you can achieve that quite quickly.

Undervalued

queline wrote: »

Coming from an HR background to this job (which is not HR) I found the company policies and procedures to be lacking and in some cases non-existent. They also did not comply with a number of Health & Safety obligations.
I have a hearing impairment and wear hearing aids. I have noticed that the MD was getting annoyed with me because he is very softly spoken and quite often I didn't hear what he was saying first time and he seems to be annoyed that he had to repeat things, also I believe it worried him that I would be the same with the patients as I worked on Reception and Switchboard. I am not trying to imply that this was his reason for dismissing me but it may have been a contributing factor.
I am well aware that I have no rights to anything since I was still in my probationary period, albeit something which was only verbally communicated to me with no review date, and only two weeks before my dismissal, therefore not really a reasonable amount of time to improve my performance. I would therefore just like some advice regarding whether this employer has followed correct procedure or has done everything as he should. Thanks

Given your "HR background" I would have imagined you would be aware that the probation aspect is almost irrelevant. Probation or not you can be dismissed at any point during the first two years for any reason or no reason at all apart from unlawful discrimination or a couple of other legally protected reasons.

The are not obliged to give you a reason and your only entitlement is to a week's notice (or more depending on your contract). There are no longer statutory procedures that must be followed, only guidelines.

If they have failed to follow their own procedures and there is actually a hard and fast contractual entitlement (unlikely) then you could bring a claim for wrongful dismissal for which there is no minimum qualifying period. However, all that would get you is a few days pay for however long it would have taken them to do things properly.

If the true reason is actually unlawful discrimination then the two year qualifying period for unfair dismissal does not apply. However you seen to indicate that this is not the main reason so there is nothing you can do.

queline

Thank you agrinnall and masomnia for your quick answers - I'm not really trying to get anything out of the situation, just interested in what others think of the way things have been done.
I had already come to the conclusion that it's a blessing in disguise - but also a great worry as I now have to find another job quickly.

PHILANTHROPIST

What the other members say is correct.

Only area that I would consider exploring is the following. You mention a protected characteristic, namely a hearing impairment. Although you say that you do not think that may have been the (or a) reason behind your dismissal, given the fact that you raised it, I sense that it may have been.

Even if it were a factor, proving it is not easy.

This forum is not a good place to get into details regarding discrimination claims, but I would recommend that you liaise with EASS whose contact details are avaialble via the following link:

https://www.equalityadvisoryservice.com/

Dependant upon what did, or did not, occur you may have grounds for a claim.