Bad Day - Part 1

[Stoo]

Info:

Dismissal During Probationary Period:
Regardless of your length of service, under the Employment Act 2002 (Dispute Resolution) Regulations 2004 your employer must follow a minimum required procedure before dismissing you, whether it’s because they feel you don’t measure up, or because of misconduct, or attendance. That minimum procedure, which applies equally to the probationary review, consists of:

1. Your employer should inform you in writing of what you are supposed to have done (or not done) or otherwise set out the circumstances which have prompted them to consider dismissing you.
2. They should arrange a meeting with you, giving you reasonable notice to prepare for it, in order to discuss the situation and your proposed dismissal. You should be given the right to be accompanied by a colleague or a Trade Union representative.
3. The meeting itself should be on a reasonable date (for example not on your day off) and location. You should make a reasonable effort to attend. Your employer should reasonably consider any points that you wish to make before reaching a decision. It may be that your manager has given you insufficient training or support (for example) in which case this is your opportunity to say so.
4. If the decision to bring your employment to an end is taken, you should be given the right to appeal.

In theory, failure to follow this procedure renders your dismissal ‘automatically unfair’ but in practice you are left with few remedies unless you have been unlawfully discriminated against, dismissed for the assertion a statutory right, or dismissed for ‘whistle-blowing’ in which case you do not need one years service to bring a claim.

By way of explanation, examples of dismissal for the ‘assertion of a statutory right’ would include dismissal as a result of your objecting to deductions being made from your pay, when you ask to take paid time off, or if you take time off to deal with a family emergency.

In practice, if you are informed that you are not being kept on at the end of your probationary period and are not invited to a meeting to discuss it first, you would be wise to make a request for such a meeting in writing yourself.

[Allen]

Not much of a leg to stand on with any sort of constructive dismissal claim.

I'd agree with that.

Besides, I know it's a bit cliche, but I'm happy I'm not there anymore, it was a complete joke of a company. I wrote off £1.5m last month (no that's not the reason why I was pushed out, we were forced to do it by our parent company in the States) and I can't see how any company can do that! I'm just not happy with being pushed out the door like I was.

I'm never working for an American owned company again...

[Stoo]

I'd at least try the above, if anything else, just to make things a little more akward for them

[shiato storm]

ah, because its american owned it might be tricky [read: too much hassle] to faff around trying to fight for your due. still, no harm in trying...you at least desrve the pay you worked the time for! oh, and we're all dying to know quite why you were shown to door...not what you suspected you were kicked out for. did they tell you in writing?

[beanbandit]

Sorry to hear this Allen. I know from experience what its like, so i hope you find a job quickly.

I'd at least try the above, if anything else, just to make things a little more akward for them

Whats the point? The company will show that he left on his own accord. That there was no action taken, and that they have given Allen a good reference(which they have to by law, seeing as he handed in his notice)

[daverobev]

Bad luck/good luck...I sort of know the feeling, I'm hanging right now as my co has gone into voluntary liquidation...it may be the old management gets the assets and all goes onwards, it may...not...

Personally...hoping for the best for the boss (current) first, but I was planning on leaving and I'd like a break...hey ho...as my colleagues have been saying, one door closes, another opens, there's plenty of work out there...so chin up, onwards and upwards!

[Allen]

you at least desrve the pay you worked the time for!

I am going to get paid for what I've worked and 1 weeks notice as per my probationary contract.

oh, and we're all dying to know quite why you were shown to door...not what you suspected you were kicked out for. did they tell you in writing?

In all honesty I do believe they just needed someone to take flak from the States as their systems are in a complete mess and they can't get anything done without losing money... Hence why I was given this decision 2 weeks before my probation period was up.

[Allen]

Sorry to hear this Allen. I know from experience what its like, so i hope you find a job quickly.

Cheer mate.

Whats the point? The company will show that he left on his own accord. That there was no action taken, and that they have given Allen a good reference(which they have to by law, seeing as he handed in his notice)

Yup, I chose (not that there was really a choice) to leave, the only other option was to let them sack me, in which case, I might have put up a fight but I wouldn't have got paid and they could refuse to give me a reference.

I don't think they have to give a good reference by law, they just can't give a bad reference. I believe they can also refuse to give a reference?

[Allen]

one door closes, another opens, there's plenty of work out there...so chin up, onwards and upwards!

Indeed. And my chin is certainly up!

Right, now where's my CV?

[iMc]

Right, now where's my CV?

On the busted computer?

Hope you get things sorted in good time...

[Stoo]

Yup, I chose (not that there was really a choice) to leave, the only other option was to let them sack me, in which case, I might have put up a fight but I wouldn't have got paid and they could refuse to give me a reference.

Which is actually constructive dismissal (i.e. quit, or we'll fire you with a bad reference)

[poolking]

Sorry to hear this Allen. I know from experience what its like, so i hope you find a job quickly.



Whats the point? The company will show that he left on his own accord. That there was no action taken, and that they have given Allen a good reference(which they have to by law, seeing as he handed in his notice)

A notice can be rescinded upto a day before the leaving date. I'd kick up a fuss, nothing will change if you sit back and let them get away with an excuse of being under a probationary period.

[iMc]

go postal, its easy to buy an ak now!

go in there and empty a few mags into your old boss!

Ahhh Pyle, ever the bearer of useful solutions

[shiato storm]

A notice can be rescinded upto a day before the leaving date. I'd kick up a fuss, nothing will change if you sit back and let them get away with an excuse of being under a probationary period.

indeed. nothing stopping you doing this, sounds like they want a scape-goat for thier mess. its not like you're going to continue working there but just want them to understand they can't screw people who might not necessarily be at blame for the companies [read: company director's] fault...

[Twigman]

Just leave it and get a new job.

[Big RICHARD]

Buy a tommy gun and kill everyone who works there on your last day.