Dismissal during probation period

Styles

Styles

Styles

Soldato
Joined
16 Mar 2005
Posts
2,889
Location
UK
Hi,

A friend of mine has just informed me they have been sacked from their job at Specsavers this week. Before you ask...no this isn't me!

She has told me that she had a 3 month probation period with the company but they sacked her after working there 3 weeks without her having to work any notice, just to not come back.

The reasons were:

- Not professional at all
- Keep having to tell you what to do again and again

My understanding was that during a probationary period the company has the right to dismiss you if they wish without having to work notice. Is this correct?

Thanks
 
Is it not upto 1 year they can decide its not working out and just let you go. Laws are rubbish at protecting us.
 
It gets worse... She wants to take them to court for unfair dismissal...

I'm really trying to convince against this because she will loose, she has no case and it will cost a fortune!
 
It's more usual for the probation period to specify one weeks notice except for gross incompetence or similar - however your friend should check her contract if she wants to fight it (I'm not sure why she would, it doesn't sound like it's worth it) as the length of the notice period should be stipulated there, a probation period could allow for almost any notice period that the parties agree.
 
Styles said:
It gets worse... She wants to take them to court for unfair dismissal...

I'm really trying to convince against this because she will loose, she has no case and it will cost a fortune!
Click to expand...

Unless she has been discriminated against in some way (as Dolph pointed out) then the company is within it's rights to dismiss her for whatever reason they see fit, as she is within the 3 month probabationary period she has no legal or moral recourse.

This is why probationary periods exist, they allow either party to terminate their contract without notice during this time.
 
If you are just a friend then let her know in no uncertain terms that shes on a hiding to nowhere and should think about how she is in work.

If you want to smash her pasty then let her think she was victimised and play along for the ride :p
 
Castiel said:
This is why probationary periods exist, they allow either party to terminate their contract without notice during this time.
Click to expand...
If you are employed for one month or more you are entitled to a week of notice. Whatever probationary period the contract stipulates I do not see how it can override this.

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Resigningorretiring/DG_175837

Notice your employer must give you
Whatever your contract says, your employer must give you at least the statutory minimum period of notice, which depends on how long you've worked for them:
  • one week if you have been continuously employed for between one month and two years
Click to expand...
Where in law are all these one year and probationary period exemption rules stipulated?
magicoi said:
No rights basicaly if employed less than a year.
Click to expand...
 
You must log in or register to reply here.
Back
Top Bottom