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Contract terminated during probationary period

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  • Contract terminated during probationary period

    Hi everyone, newbie here and really need some help and guidance.

    started new job in January, training was poor and I was starting to regret having given up my safe and stable career in education. However, 3 weeks into the new job the employer had a meeting with me on Friday last week and advised me that things weren't working out and that they wanted me to leave with immediate effect. I received confirmation of this yesterday by email stating they would only pay me for the 8 days I worked this month.

    The contract, although not signed by me, states:

    Section 4 Probationary Period
    4.5 The employer may in its sole and absolute discretion terminate the Employee's probationary employment forthwith by paying the Employee a lump sum equal to 1 month's salary in lieu of any required notice together with any accrued holiday entitlement pursuant to clause 15.​​​​​​

    Now I've spoken to ACAS who think I've got very strong grounds to go for breach of contract if they don't pay me the notice period, but I haven't got a clue how to respond to the employer and I want to respond in such a way that they know I'm serious.

    Really didn't expect this outcome so early in the new role and feel thourougth let down by the employer. On top of that I'm desperately trying to find a new job and stressing about how I'm going to pay my bills at the end of the month.

    Now the wording is slightly ambiguous with the use of "discretion", but is this just on their part? Would really appreciate any advice on this!!

    Thanks in advance!!
    Tags: None

  • #2
    Sorry to hear about your situation.

    Since you have not been employed continuously for one month your employer does not need to give you any notice so you are reliant on that clause 4.5. It is worth responding to their email in regard to that clause and explain to not pay you in accordance with clause 4.5 would be a breach of contract and therefore you anticipate receiving confirmation that the payment will be made in accordance with that clause.

    In regard to the wording you make reference to "
    The employer may in its sole and absolute discretion",
    my interpretation is that the employer has discretion to terminate someone's employment immediately "
    forthwith"
    during the probationary period but in doing so they have to make the payment detailed.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You canít always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.



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    Comment


    • #3
      Hi ULA,

      Thanks so much for your reply! So do I keep my reply short and sweet, perhaps mention I've spoken to ACAS and refer to 4.5 and hope for the best?

      Comment


      • #4
        I suggest you write something along the lines of:

        Thank for your email of xxx, confirming that my employment has been terminated with immediate effect and that you will only pay me for the 8 days worked this month, however I would refer you to clause 4.5 of my contract. You have clearly at your sole and absolute discretion immediately terminated my employment during my probationary period and as such I am entitled by virtue of that clause to "
        a lump sum equal to 1 month's salary in lieu of any required notice together with any accrued holiday entitlement ."

        I have been in contact with ACAS who have advised that if payment is not made in accordance with clause 4.5 then I would have a potential claim for breach of contract. I am sure that this situation is something that you would wish to avoid and therefore request that payment is made to me in accordance with clause 4.5. I look forward to your response and a speedy resolution to this issue.

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You canít always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #5
          You are an angel!! Thank you so much for all your advice!! Will keep you posted. This whole episode just feels like a bad dream and I've never felt so helpless.

          Comment


          • #6
            Best of luck with the letter and please do come and let us know how it goes.
            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You canít always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment


            • #7
              Sent the letter by email at 5:30. The exact same time I got fired Friday last week...fingers crossed this goes my way!

              Comment

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