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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 69178
Experience:  Qualified Employment Solicitor
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I was told my HR that I have failed my probation at a care

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I was told my HR that I have failed my probation at a care home on the phone

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long did you work there for?

Customer: replied 2 months ago.
First I must say I am dyslexic I started on the 20 of April and received the phone call on the 30 of May

Thanks and why was your probation not passed?

Customer: replied 2 months ago.
I know I was wrongfully dismiss because I have a mentor at the time working with and the senior saw us both assisting a resident and she was shouting at me and call me in the office a lone I asked her what about Victoria she is my mentor and she was still shouting at me

ok but what were the actual reasons used for the dismissal?

Customer: replied 2 months ago.
They didn’t say all HR said that Angela doesn’t want me back on the job and I must not come in work that night it was Monday at around two pm on the first of June not May

anything to do with the dyslexia do you think?

Customer: replied 2 months ago.
I was call a spy a trouble maker and assort of name the only person that I complain to was the night senior she was the one who was arguing with another staff and she asked me to write a report against the staff and I said no because she should have taken her to the office instead of speaking to her in front of us then a next staff starts saying I am the trouble
Customer: replied 2 months ago.
I was on six months probation I never heard of so long probation

OK, thanks, ***** ***** with me please and I will reply on here later today

Customer: replied 2 months ago.
I think so and they always saying why I am shouting I am not I am Jamaican we talk a bit loud and I ask is because I am the only Jamaican who is a Carer here
Customer: replied 2 months ago.
I have a statement that my daughter written to send to HR with my side of the story if if I can get you email I could send it to you and you will understand me more thank

Ok so the starting point is that if you have been continuously employed at you 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 the 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/paternity leave, parental leave, adoption leave or leave for dependants

In the event that the reason for dismissal fell within any of these categories, then the dismissal could be automatically unfair and there could also be a potential discrimination claim. In these circumstances the 2-year rule would not apply.

However, if the dismissal had nothing to do with any of the above exceptions, 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 would usually happen if you were not paid any contractual notice period due to you (unless you were dismissed for gross misconduct, where no notice would be due). If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow you to work that notice period and pay you as normal, or they instead have to pay you in lieu of notice, where you are paid for the equivalent of the notice pay but your employment is terminated immediately.

You think it is because of your race or the dyslexia but I cannot see any direct links to either of these and it would e for you to prove that this is why they dismissed you, which won’t be easy. Still, if you wanted to try your luck, you would need to make a claim in the Employment Tribunal within 3 months.

Does this answer your query?

Customer: replied 2 months ago.
I am a spiritual person and I told the senior and she told the manager so I know it’s discrimination because I always working with my mentor or a next staff who knows more than me. I could see others think there and I told the senior Judie she is the one who said that she’s afraid of me but she is lying she knows that I said her brother was junk on the job so she let it look like she is afraid of me I even said to her why is only on her shift shift trouble started she even pick on one Carer name Ellen and ask me to write a statement against her and I said no that was the last night a work there.I know it’s bullying discrimination and allegations and racism because I am a very out spoken person I try to not speak to staff but I cannot stand and see wrong and don’t say anything I will speak out

If you think this is to do with discrimination then you will need to show some evidence to back that up, but it is entirely your right to challenge them if you want to do so.

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

https://www.employmenttribunals.service.gov.uk/apply

Does this clarify things a bit more for you?

Customer: replied 2 months ago.
Good morning I was having a bad headache because I am still cannot know why they dismissed me I am still waiting on the dismissals letter and what kind of prove I need to show
Customer: replied 2 months ago.
I have done a statement so it you want to see it that’s my prove and the witness them
Customer: replied 2 months ago.
Do I have to pay for another live chats I already pay for one but never got it so if you want you can call me but let me ask this question please should I send my statement to HR and let them see my sides of what happened can you please tell me if I should

Hi I won’t be able to look through the statement as we are just a chat service and that is not included in the basic costs for that. You can however pay for a call (you should have been refunded the original one if you never got one)

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