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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Uk employment Law My employer maybe trying to dismiss me

Resolved Question:

Uk employment Law

My employer maybe trying to dismiss me by using the Probation Period.
The Probation period is not in my Terms and conditions i signed prior to my employment commencing and was not mentioned at a interview .

Can he do this legally?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. how long exactly have you been with your employer please

Customer:

Just coming up to 3 month

Customer:

However their is nothing in writing in my T & Cs regarding a probationary period nor have i ever been told about one .

Ben Jones :

Hello, sorry I was offline this morning when you replied. Whether you are on a probationary period or not is unfortunately completely irrelevant A probationary period is not really something that has any influence on your legal rights in this situation and it is primarily used as an internal performance monitor. However, your legal rights, specifically those in relation to dismissal will not be affected in any way whether you are on probation or not.


 


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.


 


Hope this clarifies your position?

Customer:

Thanks Ben it makes it more clearer.

Ben Jones :

you are most welcome

Customer:

Just a shame they can do that pop a probationary period in when it suits them..aye such is life Cheers

Ben Jones :

Yes, morally it does not appear right but remember that probation or not - your rights in relation to dismissal are exactly the same, and unfortunately they are rather limited in this case

Customer:

Cheers XXXXX XXXXX not happen ,will see once again thanks

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