Constructive Dismissal (during probation period)

[Guest]

Good Day

I work for a legal company in the Midlands on a 12 month FTC. 2 months into my contract I lodged an (informal) complaint against a work colleague after being verbally abused. Since the complaint was made to a senior manager, it was logged as a formal complaint even though I had not been consulted on what should happen with the complaint.
The manager I complained about went on to make false accusations about my conduct and work, and I was placed on an interim probation for 4 weeks and set some of the most ridiculous objectives to complete.

I have completed the objectives, but was told that the outcome of my probation would still depend on if the manager I complained about was or was not happy with my work. If she and/ or any other manager from the team still remained 'unhappy' with my work I would be put up in front of HR pending a possible termination of my contract.

As expected, an email was issued to me requesting I attend a meeting with HR next week which could possible lead to termination of my contract. The meeting has been scheduled on the last day of my 3 month probation period.

I have noticed that the manager I complained about has already started removing me from key meetings, the meetings are still going ahead, but I have received notifications that they have been cancelled. I have been taken of these meetings, I believe, because a decision has already been agreed behind the scenes to terminate my contract.

Are the company allowed to do this?
I could understand if I had done something wrong, but I met the objectives that were set out, and the only reason those objectives were set was based on lies regarding my conduct and work, which I have debunked.

[atticus]

As you have not completed 2 years service, you would not have the right to claim unfair dismissal. In that first 2 years, employees have little job security.

[Guest]

I don't even see the point of attending the HR meeting. It's been a very toxic environment to work in, and the fact that I can complain about a Manager yet I am given objectives off the back of my own complaint and made to feel as though I am the problem makes me feel that this is NOT the type of environment I want to work in. A business that promotes bullying and abuse its not a company I want to associate with.

So I think I should just quit. Thoughts??

[ULA]

The company behaviour does not appear to be professional from what you have set out, however as posted by atticus with less than 2 years' service you would not have the right to claim constructive unfair dismissal.

As to whether to resign or attend the meeting and see what the outcome is that decision will need to be up to you. The only thing to point out is that if you resign then this is what you take forward to your next employer as your reason for leaving rather than being dismissed. However, you need to seriously believe that this will be the outcome of the meeting as they may continue to employ you. Better to then look for another job whilst still working.

[Guest]

The company behaviour does not appear to be professional from what you have set out, however as posted by atticus with less than 2 years' service you would not have the right to claim constructive unfair dismissal.

As to whether to resign or attend the meeting and see what the outcome is that decision will need to be up to you. The only thing to point out is that if you resign then this is what you take forward to your next employer as your reason for leaving rather than being dismissed. However, you need to seriously believe that this will be the outcome of the meeting as they may continue to employ you. Better to then look for another job whilst still working.

Thank you for your response. I have looked into this further and I have it on record that my Programme and Project Team Manager has effectively demoted me mid contract.
I was interviewed and employed as a Project Manager, my contract states Project Manager, but the Programme and Project Team Manager stated on a recorded call that....'we didn't employ you as a Project Manager we employed you as a Junior Project Manager.

I have been informed that this is enough justification for a claim for constructive dismissal.
Would I should I mention this in my HR meeting tomorrow?

[ULA]

Demotion is a potential for a constructive dismissal claim but you have to have 2 years of service. From your post #1 it appears you are on a 12 month FTC so do not have the qualifying length of service.