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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 afternoon, I have received this website from one of

Resolved Question:

Good afternoon,
I have received this website from one of the advisors. I have an issue with one person of the company. I was on my probation period when I was expelled in disgraceful manner.
Let me represent short story about it.
After one month of working for that company I had meeting to discuss how I was getting on with Supervisor ( Manager ). I haven't recived any complains from her behalf. However after 2 months of work , I received discreetly letter from her . Letter has been signed by her on HR behalf. The letter has contained capability procedure. I was certainly confused. I thought I performed enough well my job. I have worked as a Admin Assistant and since I have started my work for Expro company haven't received any complains from anybody. At the meeting , my as unknown Manager ( the same person) has started to read my objections against me. She clarify I had one month to correct them otherwise my employment would be on risk. Since then I was coming to work on time , once or twice i run late 2 minutes( however i stayed longer this 2+10 minutes) and my partener who works for the same company as me has sent me 2 emails in a month and i questioned him to check my spelling grammar ( mny english is not my first language). For these reasons when came to a meeting after one month i was expelled. I forgot to mantion all my colleagues has been supporting me therefore they have seen in open working area what was going on. I was kind of kicked out from the company. I couldn't ask my colleagues to give me hand cause I think she made sure my colleagues were out of office on that day. Also my colleagues have seen her attitude towards me and advised me to write grevience procedure. I have appealed the letter and have got the meeting on this Thursday regarding either grevience procedure and appeal. I am not sure what should I do. I know it would be much easier to speak in person.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long had you been with the company when you were dismissed and were you paid notice and in lieu of annual leave?

Customer:

I was dismissed in about 1 month ago

Customer:

i have received paid as well

taratill :

Are you saying that you had only worked there for a month or that you were dismissed a month ago?

Customer:

i worked about 3 months

Customer:

and expelled a month ago

taratill :

Ok thanks for clarification. What reason were you given for this?

Customer:

I came late 2 times ( 2 minutes) per month and also i sent 3 / answered email to my partner who works for the same company

Customer:

it sounds obvious, my colleague were laughting..

Customer:

the most important thing for me is to go back one day in future to this company and not have any further issue also i want thsi grevience procedure to be accepted by HR

Customer:

i have got great job so i do not really bother to go back there for now

Customer:

i have in all companies great reputation even from colleagues from Expro apart of one person

taratill :

Ok do you have any reason to think you are being discriminated against on the grounds of sex, race , age ,religion, disability, pregnancy or for raising an health and safety or other complaint when you were dismissed?

Customer:

that seems to me she had personal issue with me

Customer:

not at all, but my colleagues were seeing her that she was staring at me in disrespectful manner

Customer:

and the way she spoke to me was often aggresive

Customer:

i couldnt do the same therefore she was higher role than me and i have had big respect to everyone

Customer:

she was saying i wasnt performing enough well my job , it wasnt true because all my colleagues were very satisfited with me

taratill :

OK thanks the problem is that in UK law there is no right to complain about dismissal (unfair dismissal) until you have been employed for a company for 2 years. The exception to this is if the dismissal is for a reason of discrimination contrary to the Equality Act 2010, which does not seem to be the case here. This means that, unfortuatnely there is little you can do about this if you have been paid notice and for outstanding accrued holiday pay. This is a major weakness of employment law in the UK and I am sorry it is not the answer you were looking for.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the bes.t

Customer:

what about my grevience procedure?

Customer:

could you please advise

taratill :

If you are not employed the employer does not have to hear them.

taratill :

I'm really sorry about this. From an employment law point of view the position is clear, an employee can be dismissed for any reason in the first 2 years and there would be no ongoing obligation to hear a grievance.

Customer:

the grevience procedure was mantioned when i was still employed

Customer:

and i have been advised to sent from Managers

Customer:

so i did

taratill :

So are you saying the managers have agreed to hear the grievance?

Customer:

yes

taratill :

Well it is unusual that they would agree to do so if you are no longer employed. What would you like to know about this meeting.

Customer:

It is not unusual, the situation in the last few weeks wasnt the best

Customer:

and i presume she just wanted to get ride of me from the company

Customer:

and based on minor mistakes she did

Customer:

but thats not the case

Customer:

her attitude towards me was untolerable

Customer:

i would like to know what should i do in case she will deny

Customer:

i wanted to take some of my colleagues but they have been told not to help me

taratill :

It is unusual for a company to hear a grievance after dismissing a person. There is no legal reason for them to agree to it.

taratill :

Even if your grievance is upheld there is no legal duty on them to give you your job back and if they do not then you have no legal complaint.

taratill :

I think you just need to appeal to the employer that you have lost your job for no reason and that you have been bullied. I hope that you get something positive out of the meeting.

Customer:

I already appeal, and eithe grevience and appeal would be hear

Customer:

on this Thursday

Customer:

could you give me some tips

Customer:

for grevience procedure

taratill :

What sort of tips are you looking for. I have already explained the legal position to you.

Customer:

i do not want this grevience to be ignore

taratill :

OK but as I have already explained there is no obligation legally for the employer to listen to this grievance in the first place as the obligtation ends after a person has been dismissed.

taratill :

If they agree to hear the grievance then you are very fortunate. All you can do is put your case to them with as much evidence as possible.

taratill :

If you have evidence that staff have been warned not to support you then you should say so.

taratill :

Hopefully as they have agreed to your meeting then they will take it seriously.

taratill :

I am sorry that the law does not support you. As I have explained there are limited employment rights before you have worked for an employer for 2 years.

Customer:

they probably did because everyone kept my side

taratill :

I would be grateful if you would take the time to rate my answer as I am not otherwise credited for my time.

Customer:

okay will do , many thanks Tara

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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