Probation period and contracts

black24

Hello,

I was wondering if someone could please assist as I am unsure what rights I have.

I recently got brought on by a company completed a training course for 1 week and worked a period of 2 weeks and 2 days. I had been paid for the 3 weeks of work. I then worked a further two days and was ‘let go’ due to a quiet period. My contract says that during the probationary period that both myself and my employer must service one months notice. ‘During any probationary period your employment may be ended either by you giving the company, or the company giving you one months notice’.

Since I was let go I have not received anything in writing to explain I was let go. After chasing on 5 difference occasions to confirm I will be paid my notice period I am yet to hear a response. I also noticed on my contract it mentions ‘Lay-offs - the company reserves the rights to lay you off or put you on short-term working where the needs of the company business make this necessary. You will be paid statutory guarantee payments during a period of lay-off or short-term working’

Does anyone know if I am entitled to my one months notice payment or if I will not?

thank you!

Marcon

black24 said:

Hello,

I was wondering if someone could please assist as I am unsure what rights I have.

I recently got brought on by a company completed a training course for 1 week and worked a period of 2 weeks and 2 days. I had been paid for the 3 weeks of work. I then worked a further two days and was ‘let go’ due to a quiet period. My contract says that during the probationary period that both myself and my employer must service one months notice. ‘During any probationary period your employment may be ended either by you giving the company, or the company giving you one months notice’.

Since I was let go I have not received anything in writing to explain I was let go. After chasing on 5 difference occasions to confirm I will be paid my notice period I am yet to hear a response. I also noticed on my contract it mentions ‘Lay-offs - the company reserves the rights to lay you off or put you on short-term working where the needs of the company business make this necessary. You will be paid statutory guarantee payments during a period of lay-off or short-term working’

Does anyone know if I am entitled to my one months notice payment or if I will not?

thank you!

Depends if your employment has been ended (yes to one month's notice) or you've been laid off (statutory guarantee payments) - and I'm afraid the only way to find that out is to keep pushing your employer until you do get a response.

Undervalued

black24 said:

Hello,

I was wondering if someone could please assist as I am unsure what rights I have.

I recently got brought on by a company completed a training course for 1 week and worked a period of 2 weeks and 2 days. I had been paid for the 3 weeks of work. I then worked a further two days and was ‘let go’ due to a quiet period. My contract says that during the probationary period that both myself and my employer must service one months notice. ‘During any probationary period your employment may be ended either by you giving the company, or the company giving you one months notice’.

Since I was let go I have not received anything in writing to explain I was let go. After chasing on 5 difference occasions to confirm I will be paid my notice period I am yet to hear a response. I also noticed on my contract it mentions ‘Lay-offs - the company reserves the rights to lay you off or put you on short-term working where the needs of the company business make this necessary. You will be paid statutory guarantee payments during a period of lay-off or short-term working’

Does anyone know if I am entitled to my one months notice payment or if I will not?

thank you!

Have you actually been dismissed (let go)? If so then theoretically you are entitled to a statement of the reasons but in practice there is no useful legal mechanism to force that to happen.

You could of course have been required to work during the month's notice period, if the firm so chose. If they didn't want you to work then yes, normally, you would be entitled to a month's full pay. However the layoff clause confuses this and they might be able to get away with only paying at the "lay off" rate.

black24

Undervalued said:

black24 said:

Hello,

I was wondering if someone could please assist as I am unsure what rights I have.

I recently got brought on by a company completed a training course for 1 week and worked a period of 2 weeks and 2 days. I had been paid for the 3 weeks of work. I then worked a further two days and was ‘let go’ due to a quiet period. My contract says that during the probationary period that both myself and my employer must service one months notice. ‘During any probationary period your employment may be ended either by you giving the company, or the company giving you one months notice’.

Since I was let go I have not received anything in writing to explain I was let go. After chasing on 5 difference occasions to confirm I will be paid my notice period I am yet to hear a response. I also noticed on my contract it mentions ‘Lay-offs - the company reserves the rights to lay you off or put you on short-term working where the needs of the company business make this necessary. You will be paid statutory guarantee payments during a period of lay-off or short-term working’

Does anyone know if I am entitled to my one months notice payment or if I will not?

thank you!

Have you actually been dismissed (let go)? If so then theoretically you are entitled to a statement of the reasons but in practice there is no useful legal mechanism to force that to happen.

You could of course have been required to work during the month's notice period, if the firm so chose. If they didn't want you to work then yes, normally, you would be entitled to a month's full pay. However the layoff clause confuses this and they might be able to get away with only paying at the "lay off" rate.

Hello thank you for your reply.

I have been let go from that day (1st November). They told me to keep hold of my laptop incase they could try and find me a place in the business elsewhere. Since then I have had someone come and collect the laptop with no confirmation in writing to my next steps.

this is what I was thinking as the lay off clause contradicts the notice period. 

Is there a period where the employer has to provide in writing the reasons why I was let go? (They told me it was due to not being able to afford to keep me)

thanks

Undervalued

black24 said:

Undervalued said:

black24 said:

Hello,

I was wondering if someone could please assist as I am unsure what rights I have.

I recently got brought on by a company completed a training course for 1 week and worked a period of 2 weeks and 2 days. I had been paid for the 3 weeks of work. I then worked a further two days and was ‘let go’ due to a quiet period. My contract says that during the probationary period that both myself and my employer must service one months notice. ‘During any probationary period your employment may be ended either by you giving the company, or the company giving you one months notice’.

Since I was let go I have not received anything in writing to explain I was let go. After chasing on 5 difference occasions to confirm I will be paid my notice period I am yet to hear a response. I also noticed on my contract it mentions ‘Lay-offs - the company reserves the rights to lay you off or put you on short-term working where the needs of the company business make this necessary. You will be paid statutory guarantee payments during a period of lay-off or short-term working’

Does anyone know if I am entitled to my one months notice payment or if I will not?

thank you!

Have you actually been dismissed (let go)? If so then theoretically you are entitled to a statement of the reasons but in practice there is no useful legal mechanism to force that to happen.

You could of course have been required to work during the month's notice period, if the firm so chose. If they didn't want you to work then yes, normally, you would be entitled to a month's full pay. However the layoff clause confuses this and they might be able to get away with only paying at the "lay off" rate.

Hello thank you for your reply.

I have been let go from that day (1st November). They told me to keep hold of my laptop incase they could try and find me a place in the business elsewhere. Since then I have had someone come and collect the laptop with no confirmation in writing to my next steps.

this is what I was thinking as the lay off clause contradicts the notice period. 

Is there a period where the employer has to provide in writing the reasons why I was let go? (They told me it was due to not being able to afford to keep me)

thanks

Within 14 days of your request

https://www.legislation.gov.uk/ukpga/1996/18/part/IX/crossheading/written-statement-of-reasons-for-dismissal

However, there is virtually nothing you can do about it they they don't. They are not going to be carted off to jail! If you have some other valid reason to bring a tribunal claim it might lead to a slight uplift in any award but you cannot make this claim on its own.

See the last paragraph in the page I have linked.

An [employment tribunal] shall not consider a complaint under this section relating to the reasons for a dismissal unless it is presented to the tribunal at such a time that the tribunal would, in accordance with section 111, consider a complaint of unfair dismissal in respect of that dismissal presented at the same time.

Ath_Wat

It looks like you were contractually entitled to a month's notice, but what did they say, and what did you say, at the time?  Did you in fact agree to leaving immediately?  Just like an employee can ask an employer for a shorter notice period, the reverse is also true.  If they have proposed to you that you leave immediately and you have said "oh, ok", then I don't think they have done anything wrong.

black24

Ath_Wat said:

It looks like you were contractually entitled to a month's notice, but what did they say, and what did you say, at the time?  Did you in fact agree to leaving immediately?  Just like an employee can ask an employer for a shorter notice period, the reverse is also true.  If they have proposed to you that you leave immediately and you have said "oh, ok", then I don't think they have done anything wrong.

They just said they’re really sorry but they are going to have to let me go. Nothing about me as an employee. I work within mortgage services and due to the current market they have just not had any business so had to let me go.

MalMonroe

Hi, you could do worse than contact acas, just to see if they can offer any advice - their website in the following link -

https://www.acas.org.uk/contact

But you are never going to know the answers to any of your questions unless or until you actually ask the employer. Did the employer actually pay you for the extra two days you worked, for example? If not you could start a conversation by asking about that. (

But the least you are owed is a proper explanation for 'being let go'.  I don't think "not being able to afford to keep me" is a good enough excuse really.

And if they offer you any more work, well - I'd advise thinking twice. They sound absolutely dreadful.  

liz_bartun

Not sure OP will have worked long enough for guarantee pay. They have to have been employed for a month https://www.gov.uk/lay-offs-short-timeworking/guarantee-pay

Ath_Wat

black24 said:

Ath_Wat said:

It looks like you were contractually entitled to a month's notice, but what did they say, and what did you say, at the time?  Did you in fact agree to leaving immediately?  Just like an employee can ask an employer for a shorter notice period, the reverse is also true.  If they have proposed to you that you leave immediately and you have said "oh, ok", then I don't think they have done anything wrong.

They just said they’re really sorry but they are going to have to let me go. Nothing about me as an employee. I work within mortgage services and due to the current market they have just not had any business so had to let me go.

The exact wording is important.  Do you think you could have agreed to leaving immediately without notice?  I am not concerned with the reasons.