Breach of contract/policy

[batcheldinho]

I worked for a company a few years ago and I was on a "probation" period. As far as my induction/paperwork etc went all i signed was a new starter form, in the employee handbook it listed various procedures for disciplinary action, appeals etc. During a shift I was working in a change booth approximately 6ftx6ft and asked for a glass of water, my manager said no and was very rude and patronising, in response i said "why are you being a dick about it? it's just a glass of water" at the end of my shift he said "sorry mate you've failed your probation don;t come in tomorrow." I received nothing about an appeals process, no disciplinary procedures were followed or anything close.

I was just wondering is this right? is there anything I can do about this as I know several people who have suffered the same fate also with no recourse.

Thanks,

Chris

[stevemLS]

Re: Breach of contract/policy

You can't bring a claim for unfair dismissal until you have been employed for two years so, whilst they probably didn't go about the the right way, there is little you can do about it - particularly given that any claim must be brought within 3 months.

What is a change booth, by the way?

[batcheldinho]

Re: Breach of contract/policy

I looked on ACAS and various other sources what I'm dealing with is wrongful dismissal, and i can claim upto 6 years after in a civil claims court. I wasn't given notice, disciplinary procedures weren't followed and I didn't have any paper work other than my bank/pay details.

It was in an arcade lol

[nemesis45]

Re: Breach of contract/policy

In a probationary position you have no protection.
No claim would succeed.

[stevemLS]

Re: Breach of contract/policy

Oh, I see - a change booth. Thank you for clarifying.

People often try and get round the three month rule in the civil courts, it just doesn't work, sorry - talk to ACAS if you wish?

[des8]

Re: Breach of contract/policy

As Steve says you can't claim for unfair dismissal unless it was for "whistle blowing"or for a "protected reason" or discrimination.
Wrongful dismissal involves a breach of contract.
In your first post you refer to procedures for disciplinary action, appeals etc.
What disciplinary action were you expecting the employer to initiate and why? Because you called the manager a "dick"?
You are possibly lucky you weren't disciplined and fired for gross misconduct..... that would look good on your CV!
The only claim you MIGHT have IMO is one for not having been given proper notice (that will depend on what notice you were due whilst on probation) and consequent loss of pay.
And that will depend on what notice /pay in lieu of notice you were given and did actually receive.