Dismissed whilst signed off with illness

debthelp1

I dont think I have a leg to stand on but here goes.

I suffer from depression from time to time but have had it under control (mainly) for years now but unfortunately due to financial pressures the last 4-5 months I had a bit of a breakdown six weeks ago. I saw the GP and have been signed off week by week since then. I have also started counselling once a week from a GP referral.

After emailing in my most recent fit note which took me up to 08/09 I was sent a letter from my employer on 02/09 saying my contract was terminated with a weeks notice taking me to 09/09.

My holidays remaining will be used as part of that notice and be paid accordingly (I'm assuming in full as opposed to SSP as they are holidays) and wishing we well in the future. 

As harsh as it feels because I am still on probation (it is six months and I only started the job in April) I guess there's nothing I can do but accept their decision? I was hoping to return to work next week. 

debthelp1

I also asked what the grounds were for dismissal as I would probably need that for the universal credit application and received the following

You have not passed the probationary period and as per your contract, we can terminate during this time with the required one weeks’ notice, as we have done.

This can be decided at any point during your probationary period and the company does not have to give a reason.

YBR

I'm sorry this is happening to you.

It's true that the company doesn't have to give you a reason, and there's little you can do to push back unless you are told an "unreasonable" reason, perhaps something discriminatory. 

Unfortunately, from their point of view, 6 weeks off in the first 5 months is not promising, even though you're ready to return. I wonder if the job itself is also a factor in the pressure you're feeling?

I can only suggest you go gracefully so that you've not burnt any bridges should you want to apply for a job there in the future.

They must pay you in full for any accrued holiday that you have not taken. Edit to add: That won't be the full year's worth but pro rata for the time you've been there.

Undervalued

I'm sorry but with less that two years service any employee can be dismissed just by giving the greater of your statutory notice (1 week with less than 2 years service) or any longer period specified in your contract. The only exception would be if the true reason amounts to unlawful discrimination (eg race, religion, gender etc).

Passing "probation" (which has little meaning in employment law) doesn't affect this.

You might be able to argue about some of the holiday. To instruct an employee to take holiday the employer must give notice of twice the length of the holiday they are required to take. However, a well drafted employment contract often covers this with a clause saying that unused holiday must be taken during your notice period. If your contract doesn't say that you might have a claim for a few days holiday pay as there is not time for them to give the required notice. However, whether this is worth the hassle and loss of any goodwill is debatable.