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Constructive dismissal, wrongful dismissal and murky probation rules!

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  • Constructive dismissal, wrongful dismissal and murky probation rules!

    On Monday afternoon I was sent an invitation to a 'Formal End of Probation Meeting' to take place on Wednesday afternoon. It outlined the fact that my employment may be terminated as a result. It also highlighted my right to a companion. This was a total shock, as I was never given any reason to think I wasn't going to pass my probation. I had to run around to find a colleague that could attend with me at such short notice and eventually found one, but she is quite senior so not free to accompany me until next week. I was told that postponing was a reasonable request and usually won't be declined. I've now been told that as my boss is on annual leave next week, so I have to find another companion and the meeting has to go ahead by tomorrow latest. I was initially told it was a reasonable request, but now I feel like I'm being forced to go ahead because it's inconveniencing him. I believe that its my right to be accompanied and they must postpone if my colleague isn't available as the meeting can lead to dismissal and is a disciplinary meeting. Can they go ahead with this and dismiss me in my absence? I know the real reason behind this termination and I feel I'm being bullied out so would rather quit and claim constructive dismissal rather than have a dismissal on my unblemished work record. There is a whistle blowing issue here as well as I exposed some potential wrongdoing and I've been bullied ever since. What is my best course of action? I've looked up case law on this and requesting the right to be accompanied is a statutory right I believe? My 6 month probation ends while my manager is on holiday, so that's why I'm being told I need to find someone else and go ahead tomorrow before that happens. Please can you advise? I've been really stressed since I got my invite on Monday afternoon and I couldn't face my boss today so didn't go in. I've also requested counselling via my employee assistance programme (before all of this as I was so stressed with the atmosphere at work). Thankyou.
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  • #2
    Firstly, unless your case falls under one of the exception rules, then with less than 2 years’ service, if you resigned you would not be able to bring a claim for constructive dismissal. However, since one of those exceptions is about making a protected disclosure (whistle blowing), it would be helpful to know whether it fell into one of the below categories:
    *
    Criminal offences
    Breach of any legal obligation
    Miscarriages of justice
    Danger to the health and safety of any individual
    Damage to the environment
    The deliberate concealing of information about any of the above
    *
    If it did not fall into any of the above, then it would not be covered.
    *
    I understand the reasons the company wants to deal with this within our probationary period, however given the timescales are not helping with regard to the availability of key people i.e. your companion at the meeting and the manger conducting the meeting there is an alternative option. You could request that the company just confirms the extension of your probationary period up until the time that a meeting can be rearranged when all relevant people are available so as early as possible after the manager returns from holiday. *
    *
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

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