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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49836
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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After under two years off for Maternity leave, i decided to

Customer Question

After under two years off for Maternity leave, i decided to take on a new role as a key account manager/ bespoke support manager, whereby I was managing one major account. At time of interview i was informed the client would renew their contract (as a break clause was in place in October). My role was not dependent on the renewal and my role was a basic account management skills set which i have over 8 years experience of doing.Thursday last week, I was informed that my probabtion period is over and i will no longer be working at the company, as my manager does not have 'sufficient capacity' to assist me on building presentations and story tell on the presentations. HR did not attend the meeting nor was I given a formal letter. I was informed that I have one weeks notice' and I will be paid for this week but do not have to attend the office. No minutes of the meeting where provided either.The meeting was scheduled as a 'catch up' meeting not a formal probation meeting. During my 3 months at the firm, i had one informal review, at which point i aired that I am rebuilding my confidence due to maternity leave and she stated that when we discussed the first presentation powerpoint, I was defensive when raising questions; which was new to me. I merely wanted to learn and had asked questions of why/ how/ what.Given that i had a dual role, my skills, assistance in those areas where not considered, which was in line with my job spec. The presentation/ story telling of the presentation was not part of my job spec and she stated that the second presentation I had completed (without her) she assisted on, which was not the case as she was on vacation. When she returned, she tweeked a few pages to suit her style of writing, but the narrative, consulsions, and suggestions were all mine.The reason for not continuing with my contract came at a shock - I always received good feedback from my colleagues and other departments and she did not indicate to me she was unhappy with my work. The only reservation she had was I was being defensive which we cleared up.The client cancelled the contract and my commission totalled to 40% of them renewing; therefore indicating that its not that important as i have other duties to perform.I would like to know what my options are going forward and any advice would be greatly appreciated..
Do I have the option of appealing with HR? Do I have a claim under wrongful dismissal? Etc.Any assistances would be helpful right now.Thank you.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Ben Jones replied 4 months ago.

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

Expert:  Ben Jones replied 4 months ago.

So how long have you worked for this employer, all in all?

Customer: replied 4 months ago.
I wasnt there long - I started 14th August and was in my 3 month probation period.
Expert:  Ben Jones replied 4 months ago.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws 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. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 4 months ago.

Many thanks for your patience. You may or may not be aware 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 a reason which makes a dismissal automatically unfair. These include:
• Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)
• Taking, or trying to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave
• Making a protected disclosure (i.e. whistleblowing)
• Being a part-time worker

In the event that the reason for dismissal fell within any of these categories, the dismissal could be automatically unfair and there could also be a potential discrimination claim. However, I could not see any evidence to suggest that this was the case here.

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That could happen if you were not paid your contractual notice period (unless you were dismissed for gross misconduct) or the employer had not followed a contractually binding dismissal procedure. 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.

So if you were paid tour contractual notice period and the employer had followed any specific dismissal procedure, there will be no case to claim for unfair or wrongful dismissal unfortunately.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Expert:  Ben Jones replied 4 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 4 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks