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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47418
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have just been dismissed , or failed my probation, because

Resolved Question:

I have just been dismissed , or failed my probation, because of my criminal record , despite me been upfront from day one. Is this discrimination and can I take any action.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long were you employed there for?
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Can you tell me that you informed you company off your criminal record on your application and what was the reason give for your dismissal please.
Customer: replied 1 year ago.

Yes I disclosed it on my application form and gave them the Ref numbers of 2 DBRS checks that I had carried out in the last two years and also a copy of my SIA licence. They failed my probation saying although they where aware and I have disclosed correctly they had the reputation of the company to think off. I started on the 3rd August.

Expert:  Ben Jones replied 1 year ago.
Unfortunately that is not discriminatory or unlawful in any way. Discrimination only occurs if you have been treated detrimentally due to your age, gender, race, religion or disability. This is clearly not the case here. Even though you had disclosed the criminal record when asked, that does not prevent the employer from dismissing you subsequently as a result. You have not done anything wrong but with less than 2 years of service with the employer you re not protected against unfair dismissal. This means the employer can dismiss you legally for more or less any reason, such as this one, and you cannot challenge it. You would only be able to do so if the reasons for dismissal were linked to discrimination but as mentioned this is not the case here as there was no discrimination involved in the employer's decision. So even though what they have done may appear unfair, it is entirely legal. Your only right is to ensure you ae paid the contractual notice period you were entitled to. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 1 year ago.

THANK you very much h for your help.