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Probation extended from 3 to 6 months then employment terminated.

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  • Probation extended from 3 to 6 months then employment terminated.

    Hi,

    Three months ago I had my probationary period extended by my employer. I did not receive any confirmation of this in writing with any guidance as to what needed to be done to ensure my continued employment was confirmed. This extended period was due to end on 17th August.

    On 12th August I got an email confirming my review would be on 17th (no time given) as per employees terms and conditions.

    On 13th August at 20:52 I finally received my formal notification letter confirming things to be addressed and my option to have a union rep or staff member present. This also confirmed my appointment as 10 am on 17th. I was also advised if I wanted someone to attend with me I needed to let my employer know before close of play on 14th August. This email contained electronic documents of notes by my manager, which I had never seen of each review I had with her. These also had my name and date in the signatory boxes. i do not contest that reviews were had but I had never seen these documents until this time and had certainly never electronically signed them.

    At my appointment on the Monday I attended alone due to the short notice with all the information and evidence that I had collated relating to the request. At the meeting I went through this but felt I was not listened to, my evidence discounted and I have a feeling the decision to relieve me of my post had already been made. I was told that my employment would not be continuing and was given the option of leaving immediately or to finish up my work. I chose to do an extra day as I had quite a pieces of staff paperwork to review and sign. Neither on the day of review or the following day when I left did my employer issue me with what their terms and conditions detail as a termination letter which should confirm my pay details and my limited right to appeal.

    So I suppose I have a few questions:
    1 Without a written extension of probation letter with appropriate follow up or improvements, and
    2 With no final termination letter, confirming my termination date and
    3 probation review forms clearly not agreed with myself.

    Do any of these give me grounds for appeal against my dismissal on the basis company policy was not followed? I am due to get paid next week and do not trust the company to do this correctly if I raise queries before this date. My 14 day period will still be valid once I have been paid so intend to wait and consider my actions at this point but any guidance, comments or clarification questions will be gratefully received.

    Thanks in advance.


  • #2
    Duplicate THread

    Comment


    • #3
      I have deleted your other thread richmanc2002 as it was a duplicate.

      Unfortunately, with less than 2 years’ service, you can be (fairly) dismissed without your employer giving any reason at all.

      There are certain types of dismissals that are automatically unfair which means that two years service is not applicable but from what you have said this does not apply in this situation. In addition, the law does not allow an employer to discriminate against an employee on the grounds of any protected characteristic, such as race, gender, religion, disability so if they did dismiss on these grounds then an employee would be able to claim compensation for discrimination, even if they’ve only recently started their job. However again it would not seem this would be applicable to your situation.

      Unfortunately given your length of service you do not have the right to challenge the decision to dismiss you.

      However I do just want to ask what do you mean by company policy not being followed? Can you provide more information on this in case it changes what I have said.

      I would also suggest that if you have not formally had a letter confirming your termination and what outstanding pay you are due by tomorrow that you email the company and request that they do this.
      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

      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 can’t 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


      • #4
        Originally posted by ostell View Post
        Duplicate THread
        First off I received an email containing said letter yesterday. Clearly done after the event but it does confirm severance date, how much notice pay and holiday pay I am getting.

        My only queries relating to the policy being followed are
        1 - I never received anything in writing when I had my probation extended in MAY 2020.
        2 - The probation review forms provided by my immediate manager with my final probation letter were electronically signed and dated by both of us but until last week I had never seen these documents or agreed to the content of them. I did haver reviews but the content of these was never written up and agreed at the time.

        Thanks for any further guidance. it is much appreciated.

        At present I do not feel an appeal would necessarily be worthwhile however I am considering whistleblowing on the perceived lack of following policy and procedures and also that one of the areas I was pulled up on was lack of timely follow up which I argued and which I can clearly evidence my ex-manager has also been guilty of, sop pot kettle black situation?

        Comment


        • #5
          Hopefully you are in agreement with all the payments detailed in the letter.

          Most policies are not contractual and although it would appear they have not followed "good practice" in terms of providing you with the notes of the review meeting so you are aware of what has been agreed, given your length of service there is little further you can do, unless you can prove discrimination.

          By all means if you wish, write to them detailing your issues with regard to the lack of following procedure but I am not sure that it would change the outcome for you.
          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

          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 can’t 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


          • #6
            Originally posted by richmanc2002 View Post

            First off I received an email containing said letter yesterday. Clearly done after the event but it does confirm severance date, how much notice pay and holiday pay I am getting.

            My only queries relating to the policy being followed are
            1 - I never received anything in writing when I had my probation extended in MAY 2020.
            2 - The probation review forms provided by my immediate manager with my final probation letter were electronically signed and dated by both of us but until last week I had never seen these documents or agreed to the content of them. I did haver reviews but the content of these was never written up and agreed at the time.

            Thanks for any further guidance. it is much appreciated.

            At present I do not feel an appeal would necessarily be worthwhile however I am considering whistleblowing on the perceived lack of following policy and procedures and also that one of the areas I was pulled up on was lack of timely follow up which I argued and which I can clearly evidence my ex-manager has also been guilty of, sop pot kettle black situation?
            Thanks you for your assistance it is much appreciated. I shall probably leave it as we did not part on bad terms, probably as I'm too easy going !!

            Comment


            • #7
              I wish you the best of luck going forward
              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

              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 can’t 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

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