Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did he have a contractual notice period in place?
We'll find out now
We do know that he has the standard 3 month probationary period
ok that would be separate, I am after the notice for termination of employment, thanks
Ok. We are just finding out now. He lives with his mum, hence the delay as he is here with us, so we are on the phone to mum!!
No problem, thanks
First month of probationary period:
Notice by firm: one day
Notice by employee: one week
The employment offer does state: "subject to most recent educational qualifications" He didn't have the most recent ones and they were aware of that
Thank you. If he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that his employer can dismiss him 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 he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.).
If the dismissal had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period, because unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. In this case his contract entitled hi to just a day’s notice, so as long as he was given that notice and paid for the day, the employer would have discharged its liabilities and the dismissal could stand, without any comeback from your son.
Can we ask them for a reason? They have let him start the job and then asked him to get the certificate and then decided to terminate
you can ask for one but they do not have to provide it. Also it really does not matter what they have said or done in these circumstances - there is simply no protection against unfair dismissal, whatever the reasons used (subject to the limited exceptions I mentioned above)
Thanks Ben. I think you've confirmed what we feared. Morally poor, but legally within their rights
That's the case unfortunately, sadly the law does not really recognise morals...
Thanks Ben. We appreciate your time
you are most welcome, all the best