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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48209
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My son was off work yesterday from his 3 month probationary

Resolved Question:

My son was laid off work yesterday from his 3 month probationary period due to unsuccessful performance and conduct. He was a trainee operator in vending machines and for the last 2 weeks prior to holiday was sent out on his own to see how he would get on. he has returned from holiday to find his contract has been terminated, as his work was not up to standard in the weeks when he was on his own, however he is a trainee not an operator according to his contract. Should he have not had written warnings prior to his Termination. Can this be done?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.


If he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that his employer can dismiss him 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 he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.). So there is no need for any warnings before they proceed with termination. Had he been there for more than 2 years then a fair procedure could have easily required some warnings before it ended up in dismissal but not in the circumstances because he cannot actually challenge the lack of fairness.


 


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


 


If he was not paid his notice period when he was due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and he could make a claim in an employment tribunal to recover the pay for the notice period that he 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? If you could please let me know that would be great, thank you

Customer:

Thanks, ***** ***** this answers my question. a weeks notice is being paid, so i think the employer has done what they need too, my real issue is that i dont belived he has been given the adequate training. but obvisouly based on your guidence there is little he can do .

Ben Jones :

Yes unfortunately there is no legal provision to provide specific training and failure to do so would not give him any additional rights against being dismissed.

Ben Jones :

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

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