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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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My sister has just been given orders to leave her job. She

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My sister has just been given orders to leave her job. She was in her extended probationary period,but she seems to have been fired without any documented reason. I know during a probationary period you can be fired without notice, but it seems to be have done so unfairly. Could I please ask and employment lawyer to look at the section of her contract around probation, and elaborate what it means.
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Has she been paid notice?
Customer: replied 1 year ago.

No she has not. They basically told her when she had meeting with manager that it was with immediate effect.

Expert:  taratill replied 1 year ago.
How long had she worked there in total?
Customer: replied 1 year ago.

8 months.

Customer: replied 1 year ago.

The period of notice of termination of employment from either the Company or Employee is as follows:

(a) During Probationary Period

From both the Employee and the Company one week’s notice in writing.

(b) On Successful Completion of Probationary Period

From the Employee and from the Company one calendar month until the Employee has completed 5 years service, and thereafter one week for each complete year of service up to a maximum of 12 weeks. This notice should be given in writing

During the first 6 months of the employment the Employee will undergo a period of training and probation. Assessment of the Employee’s performance will be carried out during this period. The Company Disciplinary Procedure is not applicable during the probationary period, and an Employee may be dismissed during this time if they fail to meet the Company’s requirements.

The Company reserves the right to extend this period of training for up to a further 6 months at manager’s discretion and the Employee’s notice period will remain at one week during this probationary period.

The Company reserves the right to give the Employee pay in lieu of any notice of termination (whether given by the Company or by the Employee). For this purpose, the Employee agrees that pay in lieu will consist of basic salary for the relevant period of notice and will exclude any bonus / commission I share of profit and any other emolument referable to the Employee's employment.

During any period of notice of termination (whether given by the Company or the Employee) the Company shall be under no obligation to assign any duties to the Employee and shall be entitled to exclude the Employee from its premises, provided that this shall not affect the Employee’s entitlement to receive normal salary and contractual benefits:

Expert:  taratill replied 1 year ago.
In that case she has a statutory right to 1 weeks notice pay. If this was not paid then she has been wrongfully dismissed. Without 2 years service she has no right to be paid any compensation for the manner of her dismissal unless it is discriminatory on the grounds of sex, age, race, religion, disability, pregnancy or for raising a health and safety or other whistleblowing complaint. She is also entitled to be paid for outstanding accrued holiday. If you have any further questions please do ask. If I have answered your question I would be grateful if you would be so kind as to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.

Did she need to get paid before she was dismissed?

Expert:  taratill replied 1 year ago.
no they can pay her the notice in her final salary in the normal way. If they do not then she should write to ask them to pay. If they fail to do so she should commence early conciliation via ACAS then claim.
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