First Written Warning

pbsmiles

xapprenticex wrote: »

And I believe all war should end and we should all get along.

Start looking for something else.

I already am, your approach on the forum is errrr interesting.

ohreally

pbsmiles wrote: »

i appreciate they can dismiss more easily within the first two years, but there are still procedures.

Your issue though is one of remedy, where do you run with an outcome dispute?

pbsmiles

ohreally wrote: »

Your issue though is one of remedy, where do you run with an outcome dispute?

Not sure what you mean? Please clarify

xapprenticex

pbsmiles wrote: »

I already am, your approach on the forum is errrr interesting.

Thank you and good luck.

ohreally

pbsmiles wrote: »

Not sure what you mean? Please clarify

You end up claiming a detriment, do you and your ex employer end up before an employment tribunal for your case to be heard? (no).

TELLIT01

A number of people have given the same basic answer which is that they can get rid of you at the drop of a hat when you have less than 2 years employment with them. The fact that you don't seem to like that answer doesn't change the fact that it's true. Learn to choose your battles - like one's you have at least a snowball's chance in Hell of winning.

jobbingmusician

Does the disciplinary procedure form part of your contract of employment? If it does (sometimes the case) then yes, they do have to follow it (or possibly 'they do have to follow it following successful completion of probation') depending, once again, on the contract. If not, then my understanding is that the employer can do pretty much anything they like (which is not discriminatory on a protected characteristic) with no comeback. Stinks, doesn't it?

Masomnia

jobbingmusician wrote: »

Does the disciplinary procedure form part of your contract of employment? If it does (sometimes the case) then yes, they do have to follow it (or possibly 'they do have to follow it following successful completion of probation') depending, once again, on the contract. If not, then my understanding is that the employer can do pretty much anything they like (which is not discriminatory on a protected characteristic) with no comeback. Stinks, doesn't it?

Yes if the procedures are contractual and they didn't follow them, then I suppose potentially you could try to bring a claim for wrongful dismissal. If they paid your notice your chance of winning anything is very small, as you'd have to show that you lost earnings because the process wasn't followed. You'd be free of any restrictive covenants though, if you were found to be wrongfully dismissed.

Comms69

Even if they fail to follow procedure it's just a breach of contract, not unfair dismissal - less than two years service you cannot use an employment tribunal except for limited cases such as unlawful dismissal.

Basically if they want you out, you could have your notice that day

Jayjay72

If it was me, I would ask for a structured performance improvement plan with clear SMART objectives and extensive coaching from your manager.

Unless you hate it, in which case, jump before you're pushed!

~Jay~