Employment Lawyers Can Answer Your Employment Law Questions
approx one year - I have also been told that my probationary period has been extended to April or 13 months as my previous line manager failed to either confirm my position or raise any concerns about my performance
Hello, thanks for getting back to me. 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 or constructive dismissal. This means that your employer can dismiss you or force you to resign 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.
So if you were to refuse to resign then the employer could legally dismiss you anyway simply by giving you the notice period you are entitled to under contact. At the same time they could refuse to issue a reference because there is no legal obligation on them to do so. Therefore, if you are going to get a reference and have a resignation on your record, rather than a dismissal and no reference, you know which one may make more sense.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you