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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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My partner has recently been dismissed from her employers after

Resolved Question:

My partner has recently been dismissed from her employers after working for them for 2 weeks. She has a contract of employment which has a clause in it saying;
"Probation
The first six months of your employment will be considered as a probationary period, during which time your performance will be reviewed during this period your probation may be extended or your employment may be terminated with one weeks notice on either side. There after the period of notice to terminate your employment are as those set out in section 10.
Termination of the contract during this probationary period will not be subject to disciplinary procedures."
The day she got dismissed she was given an assessment to do which should of been carried out on her own but as they were short of rooms she carried out the task jointly as instructed by her line manager. After the assessment she was confront by her manager and informed she got 2 parts wrong and they would have to let her go !
No where in her contract did it state that it was a condition of her employment to successfully complete this assessment. She was given no feedback or invited to an interview.
Is this legal ? or do they have to invite her to a meeting ?
many thanks. James
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
Do you have any reason to think they have discriminated against her on the basis of her age, sex, religion, race, disability, pregnancy or for raising a health and safety complaint?
Customer: replied 1 year ago.
Hi Jenny,
I have no reason to believe she has been discriminated against.
Kind Regards,
James
Expert:  taratill replied 1 year ago.
Have they said they will pay her a weeks notice?
Customer: replied 1 year ago.
Yes, they agreed to pay her to the end of the month.Should we be expecting a letter from her ex employers stating why they have dismissed her ?
Expert:  taratill replied 1 year ago.
Hi sadly there are very limited employment rights when an employee has less than 2 years service meaning that an employer can terminate an employees employment without any reason and even without a meeting. The only exception to this is if the employer terminates an employment for a discriminatory reason, which is why I listed those reasons above.
This means that there is nothing your wife can do in the circumstances as the only claim would be for wrongful dismissal but this does not apply if she is being paid notice. She should also be paid a small sum in lieu of holiday so she should check this has been done when she is paid.
Unfortunately the employer has no obligation to put the reason for the dismissal in writing either in the first 2 years.
I am sorry that this is not the answer you were hoping for but sadly this is one of the major weaknesses of UK employment law from the point of view of the employee.
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 best.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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