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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45327
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My probation period ended on the 29th of August. (after 6

Resolved Question:

Hi,
My probation period ended on the 29th of August. (after 6 months) And i received a poor extension letter on the 2nd of September. That although they have every expectation that i improve in the highlighted areas, that a dismissal or further extension is possible. The highlighted areas are not showing in this letter. I had a conversation with my manager and HR for a trainings plan on the 14th of September. To help me improve my skills. I have never had a proper training while im working for the finance department of a law firm. Nothing has been signed by me and everything that they discussed to help me to improve didn't happen. I was making long work days because of low staff. They put me on hold yesterday for the reason of poor performance. I get a lot of negative feedback and pressure due to a bad relationship of my employer and his client. They gave me a choice yesterday to put me on different tasks or to take annual leave. Until Wednesday when we have a conversation about the outcome. (I expect that they will sack me) They kept me for the busy months and hired already someone new. I don't agree with anything they are saying and experience that they treat me differently due to my background. Because i felt bullied by a few colleagues. This whole situation made me depressed and unable to look for other work straight away. What are my rights and what do you advice. Is it breach of contract what my employer is doing.
Many thanks,
B.A.
Submitted: 3 months ago.
Category: Law
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 3 months ago.
Many thanks, Ben
Expert:  Ben Jones replied 3 months ago.

Hi there. No problem at all. Please can you tell me what the ideal outcome would be for you in this situation so that I can advise you of your options?

Customer: replied 3 months ago.
In case they sack me, i think its fair enough to give me a compensation. Because i don't agree with anything they are saying. Does this chat cost me extra money? Sorry, but seen my situation I have to be careful with my money
Expert:  Ben Jones replied 3 months ago.

Hi there. Thank you for your response; please leave it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Regarding the cost, you can check this by contacting customer services - http://ww2.justanswer.co.uk/en-gb/help - Thank you.

Expert:  Ben Jones replied 3 months ago.

Just to clarify the chat does not cost anything extra - you only pay a one off fee but you may be on a subscription so check with customer services that you are not to ensure no monthly fees.

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 unfortunately 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.).

It does not matter whether you were on probation or not – this does not determine your rights against dismissal – it is your length of service that matters – a probation is just an internal performance process that does not impact your legal rights.

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, because 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.

This is your basic legal position. I have more detailed advice for you in terms of the options you have on taking this further if you are not paid what you are due for notice period, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 3 months ago.
Thanks Ben for your response. Is it not breach of contract when they haven't trained me properly. And have followed the the agreement as they said in the trainings plan. And what sort of evidence do i need if i want to claim against discrimination, i have many examples. And in my contract i have the right to 28 sick days, if i phone in sick can they dismiss me or do i have a right to get paid.?
Customer: replied 3 months ago.
I meant they have not followed any of the agreement in the training plan. This was my last question and i will give a rate after your answer, thank you so much!
Expert:  Ben Jones replied 3 months ago.

Hi there, whilst strictly speaking you can try and argue breach of contract, that would not actually prevent a dismissal because the right to dismiss in the first two years service does not depend on having to follow the contract or provide the necessary training, etc. So that will not help you here.

In terms of discrimination, any evidence can be used as long as it shows that the reasons for the dismissal were because of a protected characteristic, just as because you were of a different race, because of your age, your gender and so on. So It could be comments the employer has made, direct comparisons with how others of different races, genders, ages were treated to you and so on.

The finally, even if you call in sick they can dismiss you. The right to take sick days and be paid only applies whilst you are working for them – they can dismiss you at any time, even if you are off sick at the time. So you are entitled to be paid for any sick days you have taken whilst working for them. However, once you have left you will no longer get any payment for this. Hope this all clarifies?

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45327
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 months ago.
Hi Ben, that's very clear except the dismissal during my sick days. Maybe i was not clear enough. I'm currently still working for the company. And my contract says I'm entitled to 6 weeks sick pay. I phoned in sick today, they haven't dismissed me yet or any other actions. Is it not that if they want to dismiss me, they can't do it until I show up in work again or after the 6 weeks of being sick. If i choose to stay at home for this period?
Expert:  Ben Jones replied 3 months ago.

Hi, no that is not how it works - you do not need to be physically present in work for them to be able to dismiss you. They simply need to issue you with notice of dismissal so they can just send you a letter giving you notice and that can happen even if you are off sick. So being off sick does not prevent a dismissal in any way

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