Help with probationary employment

[scoobydoo]

My sons girlfriend started her first job last September . she was aware she was on 6 months probation. She had a statement of employment but the disciplinary proceedure for the company was not detailed. All seemed well except for a developing problem with her line manager - which she did try and address by bravely speaking to one of the directors. She never had any complaints written or otherwise about her work.


The week before christmas she was dismissed getting her pay and the verbal instruction to leave on the same day. She was told her work was behind - not true. A coule of days before this at the christmas party thr line manager was telling evryone she was getting the sack.

I have tried the ACAS site but it is not clear whether the normal disciplinary proceedure applies to probationary periods - she did try and call them but I am not sure if she explained properly.

does anybody know if she should have meetings /wriiten earnings before dismissal and if she was entiltled to notice?Should she have been offered further training if her work was not up to scratch?

this is a hard thing to happen on a first job.


thanks

[Nattie]

Re: Help with probationary employment

Scoobydo, I have found this on the CAB
http://www.adviceguide.org.uk/index/...grievances.htm

Add to that the fact sheets
http://www.adviceguide.org.uk/e_notice_of_dismissal.pdf

[Bitingback]

Re: Help with probationary employment

Sorry to hear bout you hassels Scoob, not sure it will help but there are minimum requirements that an employer has to meet when engaging new employees, these include issuing a full job description and complete details remuneration, holiday entitlements, notice periods and as far as i know the desciplinary / grievance procedure.

Her still being on probationary period will makes things difficult, however it is the companies responsability to bring to her attention any failings in her work, and provide opportunities for her to correct same, before the decsion is taken to dismiss her.

Buisness Link: "All employers are required by law to set out their dismissal, disciplinary and grievance rules in writing for their employees. Failure to do this or to follow these procedures when dismissing an employee will result in extra compensation for the employee and the dismissal being held as automatically unfair."

ACAS site seems to be down at the moment ( lot of it about) but you might want to have a look at the Business Link site

http://www.businesslink.gov.uk/bdotg...74207487&r.s=m

[thephoenix]

Re: Help with probationary employment

Employers must notify employees of their disciplinary procedure, in writing, within 2 months of starting work.....this is a legal requirement.

The first thing she must do is phone Employment Tribunal Service Helpline: 0845 795 9775 and request an ET1 form.

She only has a 3 month time period from the date of dismissal to apply to the ET.

I believe starting a grievance procedure with her former employee is a waste of time, which is not on her side now. Just ask ET adviser for clarification on this.

Normally you would require one years continuous employment before being allowed to apply to the ET but for dismissals concerning discrimination whether direct or indirect or for exercising a statutory right (ie maternity leave, union duties etc) there is NO minimum working period.

1) Did she feel as though she was discriminated against either directly or indirectly???? (directly.....age/race/sex/disability. .Indirectly.....a condition imposed by employer has a disproportionate effect on a group of people)?????

2) What was the employers reason for dismissal???
3) What is her version of events???
4) Confirm whether she was employee or worker or self employed???
5) any chance of scanning her statement of employment either on here or to me by PM if you prefer???


As well as getting advice on here, has she or is she willing to go see an adviser at her local Citizens Advice Bureaux??

[scoobydoo]

Re: Help with probationary employment

She was given no dismissal letter just her P45
I am going to get a copy of her initial letter and post it up if I can.

Thanks for the above info - all she really wants in compensation really is some type of open reference and a reason why she was dismissed.

They have refused both .

This has really knocked her confidence and obviously I can not vouch for her work - but I felt even in a probationary period she should have been offered some assistance - further training if needed.

Jan

[thephoenix]

Re: Help with probationary employment

It's also important for her to stand up for her rights. Not only will it give her a huge boost in confidence, it will also show her previous employers that employees will stand up to them. They shouldn't be allowed to continue treating employees this way.

As for written dismissal notification, it is a requirement for employers to give the reasons within 14 days of a dismissal of an employee that has been in continuous employment for at least ONE YEAR.

As she has not been their for a year, there is no requirement.

[stevokenevo]

Re: Help with probationary employment

HI Scoobydoo,

one of my best mates works for ACAS, if you like, i could give you his email address, if you would like some more advice, you could explain the situation and i am sure he would be able to advise you.

If the sounds like an option then PM and i will supply the email address and also give him a heads up on the situation

S

[strangewayofsavin]

Re: Help with probationary employment

I am afraid that (as a former employer) if your O/H was on 6 months probation, unless she was given a employment contract after the 6 months, or dismissed after the 6 month after the probation period, you will not have a leg to stand on, and ACAS will tell you the same.
Sorry for being a bearer of bad news.
A Probation period is just that, until you sign a full time employment contract, or have worked for a company for 12 month doing the same work, you will not have a case.

[scoobydoo]

Re: Help with probationary employment



this just illustrates the problem - have now found having seen the only letter she received that she was not even on probationary employment!

teenagers

So looks like they have broken lots of rules

see the letter - let me know if link works

jan

[scoobydoo]

Re: Help with probationary employment

Right - so a summary

The letter does not mention a peobationary period - I think she was confused as it mentioned six months and then elligible for pension

She was feeling uncomfortable about her immediate line manager who spoke to her in a derogatory way but never made a formal complaint about her work . When she was asked to leave they said her work was behind - she says not true - she had been asking for more work. No training or solution offered just paid up to that date and asked to leave.

Jan

[thephoenix]

Re: Help with probationary employment

Hiya Jan

Can't open that pdf by the way :bolt:

[Amy]

Re: Help with probationary employment

I can open it, it must be you Phoenix.

[Xena]

Re: Help with probationary employment

I can open it,

Ditto

[strangewayofsavin]

Re: Help with probationary employment

As stated before, no employment contract, no come back, unless they can prove they had done the job for over 6 months, 12 months prefereable, as per employment law

[wayney1]

Re: Help with probationary employment

http://m.acas.org.uk/index.aspx?articleid=4096You have employment rights after 1month if she feels it was descrimination during anytime
She can take this to the ET The law on probation periods does not stand in law
Its a company that places its employees on a probation period not the law under any employment rights she is entilled to go via the civil route too