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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73893
Experience:  Qualified Solicitor
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I have been dismissed from a job, one month into a 3 month

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I have been dismissed from a job, one month into a 3 month probation period. No gross misconduct. I haven’t been given an actual written termination of employment but have received an email offering a reference and I have been paid until the end of the month. Is this fair and usual?
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: There was a discussion with a manager where they agreed I was put into an impossible situation.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I was an employee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don’t think so

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 10 days ago.
Ok

Do you have any suspicion as to the reasons for dismissal?

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 10 days ago.
They told me that It wasn’t working out, regarding me being on top of things but the person also said that it was very true that I was in an impossible situation. I was told that I worked really hard. The owner of the company subsequently contacted me to say that the role could be overwhelming and told me to contact her should I need a reference
Customer: replied 10 days ago.
Waiting for your call

Hi there, so as discussed the main issue in the circumstances is the fact that you have only been continuously employed at you place of work for less than 2 years. That means that your employment rights will, unfortunately, be somewhat limited. Most importantly, you will not have legal protection against unfair dismissal. This basically 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. They can proceed with a dismissal even if you had done nothing wrong and also without following any specific fair procedure or proving that any of the allegations are true.

As mentioned, there are some exceptions to this, in which case the 2-year rule does not apply. These include situations where the dismissal was wholly, or partly, due to:

- 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

However, if the dismissal had nothing to do with any of the above exceptions, you would not be able to challenge it due to not meeting the minimum service criteria for claiming in the Employment Tribunal. 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. That is where you were guilty of something very serious which justifies immediate dismissal, without any notice pay.

In any other circumstances, you would be due a minimum notice period, as per your contract and associated pay. 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 can decide to pay you in lieu of notice. That is when you are paid for the equivalent of the notice period but your employment is terminated immediately and you are not expected to work through your notice period.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.