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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75168
Experience:  Qualified Solicitor
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I have been on probabtion, at my new job since 1st June, and

Customer Question

i have been on probabtion, at my new job since 1st June, and it was due to end on the end of November (it was 6 months). But last week they let me go- on the phone call they made it clear it wasn't anything I had done wrong, but the business was changing and so was my role apparently, and they didnt feel i was up for it. then on the letter they sent to confirm ive been made let go, they put it on there is based on my managers fedback, and the goals they've set they feel would not be achieved based on my current performance. I hadn't a 121, any reviews, feedback throughout my time here with my manager- to tell me of how I am doing, even though I had been asking for a meeting with him- ufortunately 'he was always too busy' so he always ignored my emails or messages on team chat to ask him for a 121, the last 121 was near at the begining of my employment here. Since then I've also got pregnant, and because he always ignored my requests to speak with him (he is also the CEO of the company) I never had a chance to tell him that I was pregnant- I did however, tell a colleague of mine, which I don't know if had told him or not. So i want to know if i have any rights here?
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: no, i dont have a penny right now to possibly even buy food till the end of this month, so i dont have any money to discuss with a lawyer. The HR director is the one i spoke with him, and he doesn't regard anything ive said, Ive emailed my manager after i received my letter from HR director - and he has still ignored me.my last day is tomorrow
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: an employee, and no i dont belong to a union
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 think that is it thank you
Submitted: 21 days ago.
Category: Law
Expert:  Ben Jones replied 21 days ago.

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 21 days ago.
great thank you
Expert:  Ben Jones replied 21 days ago.

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 21 days ago.
i do not have enough funds to pay my bills, nor grocery this month, so I can'y pay anymore, I just really need some advice, especially when I am pregnant, and I don't know if I have any right here, but I feel I am being treated unfairly
Expert:  Ben Jones replied 21 days ago.

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.

Expert:  Ben Jones replied 21 days ago.

Hi there. Sorry about the duplicate messages. What are you ideally hoping for, given the circumstances, so that I can best advise?

Customer: replied 21 days ago.
hello there?
Customer: replied 21 days ago.
is this just a business to collect money from individuals who have lost their jobs, or do you provide any sort of advice??
Expert:  Ben Jones replied 21 days ago.

Hi there. I had an issue with my laptop and duplicate messages were sent in error, so apologies for that. I also sent through a question in relation to your query. Please provide the information requested so that I can assist

Customer: replied 21 days ago.
i cant see your messages
Customer: replied 21 days ago.
i don't understand your service- but what can you do for me?
Expert:  Ben Jones replied 21 days ago.

What are you ideally hoping for please, given the circumstances, so that I can best advise?

Customer: replied 21 days ago.
i want to know if I am being treated unfairly by my employer - and if i have any rights to any compensation/ monetary to be let go like this
Expert:  Ben Jones replied 21 days ago.

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 20 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

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.

Customer: replied 20 days ago.
Hi Ben, thank you for getting back to me. I understand I do not meet the 2 year criteria, I think it is unfair in how they are treating me, but if there is nothing I can do, then that’s it really.Thank you again
Expert:  Ben Jones replied 20 days ago.

I am afraid that does appear to be the case here. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best