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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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Good Morning. I have just left a place of work as my six

Resolved Question:

Good Morning.

I have just left a place of work as my six month probabtion period was extended as they were not happy with my communication/Management style. They raised this with me in a meeting in April one month prior to probabtion period coming to an end. They said they would make discreet enquires to see if I had improved before the end of my probabtion period. I had my six month reveiw meeting where they agreed my work was fine, they then brought HR in to see my period was been extended as they were still concerned about my communication/ Management style. I asked if discreet enquires had been made which the answer was yes but they were not willing to give me any details. When I pursued this I quote " if you want to pursue this you will have to raise a Grievence and then David (Manager) me have to reconsider his position? (I assumed this was the extended probabtion period. I handed my notice in last week after finding another job (a lot less pay) but as a single mum I could not have the threat of no job after three months. I feel I had no choice. I have asked for details of the conversations they have had with staff to back up the decision of extending my probabtion but again have been refused, again I challenged and HR have now said they were involved in the conversations with staff, why was this not stated before. Can I do anything about this?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today.

taratill :

Were you dismissed or did you resign?

taratill :

I've just notice you said you handed in your notice. Do you think that there is any discrimination at play here?

Customer:

I am convinced they are not telling the truth that they have had people go to Manager and HR about how I communicate to them.

taratill :

Ok but do you think that there is any element of discrimination on the grounds of sex, race, religion, disability, age, pregnancy or for raising a health and safety complaint? If you think that this is due to being a single mother that could be discriminatory. This is very important.

Customer:

I don't think so. It was a new role and one of the people I was managing was finding it hard to accept the new structure and my position but other than that no I dont think it was anything discriminatory?

taratill :

Ok thanks, XXXXX XXXXX that case there is little you can do about it. An employer can dismiss a person or extend a probationary period for any reason (even if on the face of it it is unfair) until a person has been employed for 2 years. This is because the laws of unfair dismissal do not apply until a person has worked for an employer for 2 years. The exception to that is if the treatment amounts to discrimination for one of the reasons I mentioned above. This means that whilst, there is no doubt, that this treatment is unfair it is not unfortunately illegal.

taratill :

I am really sorry that this is the case.

taratill :

If you have any further questions please do ask.

taratill :

You are entitled to request the reasons though. You should raise a grievance about it if they will not tell you.

Customer:

Thank you, XXXXX XXXXX mean I don't have the right to see the evidence they have, re the conversation they have had with the staff they say they have spoken to ?

taratill :

Hi yes you do, you have the right to all written information they have about you under the Data Protection Act. They should have made a written note of the conversation and placed it on your personnel file. You can request the file under the Data Protection Act. The employer may charge a £10 fee and can take up to 40 days to produce it. If they fail to do so they can be reported to the Information Commissioner.

taratill :

The website for the Information Commissioner is www.ico.org.uk

Customer:

What if they say they have not made a written note?

taratill :

Well they should be prepared to tell you.

Customer:

They have stated they can't due to confidentiality.

taratill :

They are wrong. They can tell you what was said without telling you by whom.

Customer:

Thanks I will try what you have suggested. If they refuse again where should I go to make them?

taratill :

I would suggest you tell them that it should be written on your file and if you request it under the DPA and it is not included (obviously with the names deleted) you will inform the Information Commissioner.

Customer:

Thats great, thank you for your help.

Customer:

Can you just confirm is this a one off £33 charge?

taratill :

Yes.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you

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