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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44875
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi i started working for this new company in Jan 14 2013 .

Customer Question

Hi i started working for this new company in Jan 14 2013 . I was thrown in at the deep end and told to fix the problem and grow the business . I sent a business plan which was agreed and worked towards the objectives I set . The business module failed and the office lost money year to date £75k. Throughout that time I requested advice and support and sent endless emails but no meeting came or reply . Four months down the line I was called to a meeting . The email read my now new line manager had concerns with my KPI and my management style . I came to the meeting fully prepared and gave evidence on what objectives I set and completed myself.The focus then moved on to my team and my management style ,tone and content in emails ,communication and other people HR stuff I was informed that my team was not happy , I was surprised as this was never brought up . My line manager explained no formal complaint has been made but he had heard stuff . Again I challenged this but still he would not give me any more information or specifics ,he could not give or show any examples of the above .I sent second email explaining my shock as this was the first time in my life something like this was brought up . I put down in my email it was evident I would not pass my probation but will still give my support to the business he did not say anything back but talked to me asking if this was the wrong match for me ? .I have two months left with the company .No formal paperwork has come back to me he has sent a email with an overview on what was talked about but gave no support or how the problem can be fixed if there is a problem? The business structure has changed with my role not included in this . I feel this has come from the loss and someone needs to take the blame which is me !
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. What queries do you have in relation to this?
JACUSTOMER-i4fi3vyo- :

my line manager has said he wont sign my probation off .I feel this has been unfair as it seems they need to blame some one and its much easier to loose me .He has not shown me any complaints from anyone or can support the over claims apart from what he has said to me .Can the business do this without any evidence to support there claim ? and fail my probation ?

Expert:  Ben Jones replied 3 years ago.
Unfortunately they are within their legal rights to do so. If they refuse to sign off your probation and this results in your dismissal then your legal position is as follows:

If you have been continuously employed at your place of work for less than 2 years then your employment rights will be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, 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.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.

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. 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.

If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to explain the law as it actually stands and sometimes this does mean delivering bad news. Please let me know if you need me to clarify anything.

I would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you

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