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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 51198
Experience:  Qualified Solicitor
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I would like to ask what can I do if I think my probation

Customer Question

Good Afternoon , I would like to ask what can I do if I think my probation period has been terminated unfair
Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: I had a chat with my new general manager who advised that my probation period will be terminated as the board has decided they no longer need that position and they would like to offer me instead to go back to hourly rate of £8ph.The position i was on was a Manager position
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am employee,full time
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I did ask the General manager for a letter saying that they are terminating my contract as they no longer need that position and he said h will discuss that with the Area Manager. Now I received an email stating that they are terminating my probation as as I have not met the required expectations of the role. I also would like to note that I never received a Job Description of the position I was hired for
Submitted: 13 days ago.
Category: Law
Expert:  Ben Jones replied 13 days ago.

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

Expert:  Ben Jones replied 13 days ago.

When did you start working there?

Customer: replied 13 days ago.
I started there on 18th May 2018 and my probation period was 3 months
Expert:  Ben Jones replied 13 days ago.

Hi there, sorry I was offline by the time you had replied.

The main issue 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 terminate your employment 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

However, 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). 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 it does not really matter (from a legal perspective) whether you were given a job description or not or whether the employer is wrong on deciding your performance is not adequate. You could be the best employee they ever had and they could still say they are not happy with you and decide to end your probation. It is your total length of service that creates your rights and in this situation, I am afraid you do not meet the minimum criteria to be able to challenge this, even if you believe it was done unfairly.

Does this answer your question?