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tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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Hi Can I take an employer to a tribunal, even though I was

Customer Question

Hi
Can I take an employer to a tribunal, even though I was on a 6 mth probationary period. There reason was my experience and suitability and that I did not meet their requirements.

They have put me on gardening leave until the end of February.
Submitted: 3 years ago.
Category: Employment Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thank you for your question.

tdlawyer :

My name is Tony, I will assist you with this.

tdlawyer :

When you say take your employer to the tribunal, do you mean for unfair dismissal? Do you mean in respect of this you being forced to leave?

JACUSTOMER-p01rbes7- :

Hi Tony

JACUSTOMER-p01rbes7- :

Thank you for your reply, yes I believe this to be the situation, the letter states they are dissatisfied in my performance and abilities, based on this they have put me gardening leave.

tdlawyer :

Hello.

tdlawyer :

If you have been there for less than 2 years, then they do not even need a reason to put you on gardening leave, so long as their contract of employment permits them to do this. Most contracts worth their salt do include a provision to do this.

tdlawyer :

If, however, you have been there for more than 2 years, you have the right not to be unfairly dismissed. I don't think you fall into this category, as you mention a 6 month probationary period, so I assume you have been there for too short a time to claim this.

tdlawyer :

The only exception to the 2 year rule is where you have been dismissed or are being dismissed due to some unlawful act, such as race or sex discrimination. If you believe that these could be the reason for dismissing you, then that's a whole different position. However, if they simply decide (rightly or wrongly) that you are not performing adequately, then I am afraid to say that all you would be entitled to is your notice period under the contract.

tdlawyer :

The 2 year period used to be one year, but with the recession, it was increased to 2 years again to help employers and encourage more employment.

tdlawyer :

Anyway, I hope this answers your question but if you would like to ask me anything more about this, please do so.

JACUSTOMER-p01rbes7- :

Hi

JACUSTOMER-p01rbes7- :

Thank you for your comprehensive reply, can I assume I will be provided with a good reference as I will be seeking employment and need to ensure I have a good reference. I would appreciate your feed back/

tdlawyer :

You can assume that you're entitled to an accurate feedback and that most employers will give a good one to avoid any issue with their employees and the threat of legal action.

JACUSTOMER-p01rbes7- :

Thanks, for the reply... bieng on gardening leave, I am able to seek employment else were

JACUSTOMER-p01rbes7- :

Where...And I am assuming that should I find employment, they will stop paying my salary

tdlawyer :

You can't get employment elsewhere whilst on garden leave. The point of garden leave is that you're still employed, you just work from "the garden".

tdlawyer :

You could search for a new job though, in the same way we all do when looking to move, but you can't formally be employed until the end of your garden leave unless your employer agrees - which they might!

tdlawyer :

They stop paying salary at the end of your notice period - which is the end of the garden leave period.

JACUSTOMER-p01rbes7- :

Thank you.

tdlawyer :

No problem - thanks for asking your question.