• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

Breach of contract/policy

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Breach of contract/policy

    I worked for a company a few years ago and I was on a "probation" period. As far as my induction/paperwork etc went all i signed was a new starter form, in the employee handbook it listed various procedures for disciplinary action, appeals etc. During a shift I was working in a change booth approximately 6ftx6ft and asked for a glass of water, my manager said no and was very rude and patronising, in response i said "why are you being a dick about it? it's just a glass of water" at the end of my shift he said "sorry mate you've failed your probation don;t come in tomorrow." I received nothing about an appeals process, no disciplinary procedures were followed or anything close.

    I was just wondering is this right? is there anything I can do about this as I know several people who have suffered the same fate also with no recourse.

    Thanks,

    Chris
    Tags: None

  • #2
    Re: Breach of contract/policy

    You can't bring a claim for unfair dismissal until you have been employed for two years so, whilst they probably didn't go about the the right way, there is little you can do about it - particularly given that any claim must be brought within 3 months.

    What is a change booth, by the way?

    Comment


    • #3
      Re: Breach of contract/policy

      I looked on ACAS and various other sources what I'm dealing with is wrongful dismissal, and i can claim upto 6 years after in a civil claims court. I wasn't given notice, disciplinary procedures weren't followed and I didn't have any paper work other than my bank/pay details.

      It was in an arcade lol

      Comment


      • #4
        Re: Breach of contract/policy

        In a probationary position you have no protection.
        No claim would succeed.

        Comment


        • #5
          Re: Breach of contract/policy

          Oh, I see - a change booth. Thank you for clarifying.

          People often try and get round the three month rule in the civil courts, it just doesn't work, sorry - talk to ACAS if you wish?

          Comment


          • #6
            Re: Breach of contract/policy

            As Steve says you can't claim for unfair dismissal unless it was for "whistle blowing"or for a "protected reason" or discrimination.
            Wrongful dismissal involves a breach of contract.
            In your first post you refer to procedures for disciplinary action, appeals etc.
            What disciplinary action were you expecting the employer to initiate and why? Because you called the manager a "dick"?
            You are possibly lucky you weren't disciplined and fired for gross misconduct..... that would look good on your CV!
            The only claim you MIGHT have IMO is one for not having been given proper notice (that will depend on what notice you were due whilst on probation) and consequent loss of pay.
            And that will depend on what notice /pay in lieu of notice you were given and did actually receive.

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

            Announcement

            Collapse

            Welcome to LegalBeagles


            Donate with PayPal button

            LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

            See more
            See less

            Court Claim ?

            Guides and Letters
            Loading...



            Search and Compare fixed fee legal services and find a solicitor near you.

            Find a Law Firm


            Working...
            X