Hi guys - probation period

[Seancombs]

Hi guys was working for a company and loved it until I got homophobic abuse (I'm not even gay) threats of violence and bullying from a colleague in front of others. Emailed my manager and spoke to him about it. Following week thy told me they would not continue my contract . Probation was up..... I was the only one the reason they have give me is that works dropped off but why just me. I know you don't get much rights but bullying and harassment is surely statutory....
Feels like it was easier to get rid of me rather than me?

[Tools]

Re: Hi guys - probation period

How long ago was this and how long was the probationary period?

[Seancombs]

Re: Hi guys - probation period

---

3 months probation and this was only a month ago.

[Seancombs]

Re: Hi guys - probation period

I know that leaves me with not much rights but surely it's homophobic and bullying and the company has a duty of care or something ?

[Tools]

Re: Hi guys - probation period

All employees have basic rights from the beginning of their employment, including the right not to be dismissed on grounds that are classed 'automatically unfair'. This would include dismissal because of family-related reasons (such as pregnancy and parental leave), union representation, age, sex, religion, belief, race, sexual orientation and so on.

Employees - including those on a probationary period - are entitled to statutory notice of one week if they've been in continuous employment for one month up to two years. Did you complete one full month and were you given 1 weeks notice?

Doesn't matter if you are gay or not, there is no right to discriminate. However, you would have to prove this was the reason.

[wales01man]

Re: Hi guys - probation period

Cannot offer advice but must ask?
What result do you want to get from this and would you like the job back?

[Seancombs]

Re: Hi guys - probation period

Yes I got my weeks notice and worked there for 3 months.
well i got proof of email a week prior ? And being only person not offered permanent contract?
Spoke to a solicitor and they said I got no chance because I was not there more than a year.

[Seancombs]

Re: Hi guys - probation period

I don't know to be honest. Well I'm out of work which is not great. Compensation/job back/apology?

[Tools]

Re: Hi guys - probation period

Based on that information I do not see you stand much chance I'm afraid, it would be very difficult to prove, costly to claim with little prospect of success.

Compensation - unlikely

Job back - very unlikely

Apology - unless they were extremely foolish then not a prayer

Sorry I can't give you any better outlook, I suggest you concentrate your time & efforts looking for work now and move on. I do sympathise with you on being out of work and if we can offer any further help that the lack of wage has thrown at you don't hesitate to post.

[teaboy2]

Re: Hi guys - probation period

Yes I got my weeks notice and worked there for 3 months.
well i got proof of email a week prior ? And being only person not offered permanent contract?
Spoke to a solicitor and they said I got no chance because I was not there more than a year.

Shows how behind your solicitor was. Qualifying period for right to take to employment tribunal is not one year, but two years now. But said qualifying period does not apply in "automatic unfair" dismissal cases.

However, its unlikely you will achieve anything in this case. Doesn't make it right off course, but what is your better option. Taking action that will be long winded and stressful? Or finding work elsewhere and moving on?

Plus as you were in probationary period they can terminate your employment anyway, if not satisfied with your work load, attendance, or have no need of you etc etc.