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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44919
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi, I was employed as a Costa manager on 26th of June, I only

Customer Question

Hi, I was employed as a Costa manager on 26th of June, I only received 3 days training before I was left to run the store, my probation was extended by 3 months because my district manager awknowledged the fact that my training was not ideal and to give me the chance to complete, he has since then given me no support and has been verbally harassing me making my life unbearable, he has now called me for a formal meeting where I know he will dismiss me, I have worked so hard for this company and have made good improvements can he get away with this, he did this to the last manager too, please help am desperate
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 are your specific queries in relation to this?

JACUSTOMER-whttmnjl- : Hi Ben, I feel I am being treated unfairly I have not received acceptable trying and have basically have just been left to run the store I feel very let down and over past few weeks have been promised support but have received none how can this company get away with this.
Ben Jones :

The issue here is that 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, 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. 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.

So in the circumstances, I am afraid that even if the appropriate training was not provided, the employer is legally entitled to dismiss you anyway, subject to paying you the required notice and holidays.

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

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