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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46763
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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hi there I have been dismissed from my job 3 days after

Resolved Question:

hi there

I have been dismissed from my job 3 days after my probation period has finished with no notice or reason why. Could you give me any advice on what i should do or how to go about this?

Thanks
Ross
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. how long have you been in your job and have you had regular one to ones with your manager
Customer: replied 3 years ago.

Hi there,


 


I was the General Manager at the bar. I started on January 20th with a 3 month probation period. And today i was dismissed.


 


There is currently an investigation going on regarding monies going missing. And i think as I'm the new guy there thinking its me.


 


1-2-1s i have never had one in the time i have been there which would be with the director


 


 

Expert:  Ben Jones replied 3 years ago.
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Customer: replied 3 years ago.

thank you

Expert:  Ben Jones replied 3 years ago.
ok I will get back to you ASAP
Customer: replied 3 years ago.

thanks, XXXXX XXXXX check back later or will it be today?

Customer: replied 3 years ago.

hi sorry, i still have not heard anything back?


 


Thanks


Ross

Expert:  Ben Jones replied 3 years ago.
Hi, sorry I was travelling earlier. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 3 years ago.

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period.


 


If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week.


 


what about if i do have a contract which states my probation period and notice times??


 


 


Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

Expert:  Ben Jones replied 3 years ago.
Hi, you are entitled to receive your contractual notice period, unless the employer can show that you were dismissed for gross misconduct. So it would have to be the notice period that is stated in your contract
Customer: replied 3 years ago.

even if this states after probation period its 4 weeks notice?

Expert:  Ben Jones replied 3 years ago.
if you went past the probationary period and that had completed then you would be entitled to the notice period that applied after that
Customer: replied 3 years ago.

so in my contract it states


after probation - 4years (1 months notice )


 


Also does an email saying we are extending you period count? it has to be an official document right? Surely i have to sign something or have a meeting to set new goals etc?

Expert:  Ben Jones replied 3 years ago.
did the contract say you can have the probationary period extended? The ability to do so must be noted in the contract for that to happen, but if this is allowed under the contract and there is no specified way of doing it, it is entirely possible to have this extended by email and without you having to sign anything
Customer: replied 3 years ago.

no my contract says 20th April,


 


and on 17th April he sent an email saying this


 


your probation period which expires on 20th April is being extended to allow for the investigation process. This extension is of course without prejudice to our general rights.


Expert:  Ben Jones replied 3 years ago.
if the contract did no allow for an extension of your probation then extending it would amount to a breach of contract and you can pursue them for the longer notice period which you would have been entitled to once the probation had ended.
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46763
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

it doesn't state anywhere in my contract that they can extend my probation period.


 


 

Expert:  Ben Jones replied 3 years ago.
ok so it is as mentioned above - you would be entitled t the longer period which applied once the probation had ended on the specified date?
Customer: replied 3 years ago.

also 1 last thing, when i was informed that i had to leave (today) i asked them to email me a letter confirming why. He said this is something we don't have to do as your on your probation and don't need a reason

Expert:  Ben Jones replied 3 years ago.
you are not entitled to receive written reasons of dismissal until you have been there for at least a year so what they have said is correct
Customer: replied 3 years ago.

ok no problem. but i do have a case regarding the notice period? and the probation extension as it does not state this in my contract

Expert:  Ben Jones replied 3 years ago.
well the probation extension is linked to the notice period you are entitled to, you can't claim for the actual act of extending the probation period but that means you would be entitled to the longer notice period which is all you can reasonably claim for here
Customer: replied 3 years ago.

so what do you advise? talking to the company and explaining i should of been given 1 months notice? and they need to pay this?

Expert:  Ben Jones replied 3 years ago.
yes that's correct and advising them that you will take further action if necessary. If they do nothing then you can take the next steps to claiming this, such as making a claim in the employment tribunal for wrongful dismissal
Customer: replied 3 years ago.

thank you

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