Dismissal during probation period
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Soldato
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I am referring specifically to the comments of people who believe that a probationary period allows an employer to do as it pleases with regards to termination (which it doesn't - a probation period is a figment of an employer's imagination, basically), and that within the first year you have no employment rights (which is also not true, you have rights with regards to notice of termination and probably accruement of holiday [total guess on the latter]).She's only been working 3 weeks though.
EDIT: I'm right. You are entitled to be paid for untaken yet accrued holiday:
http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1074415038&type=RESOURCES
We have pretty reasonable employment laws in this country - this is why we have a better employment market than the French or the Spanish who have ridiculous protections in place. Their laws tend to make it very difficult for employers to sack employees, and as such it stops employers "taking a chance" on someone, or employing someone who they not absolutely 110% sure about or sure that there'll be enough business to pay them 6 months down the line. Especially important during or coming out of a recession...
Soldato
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Apology's, didn't quite read your post right the first time. You're right though. 
The OP states that she has only been employed for 3 weeks so the statutory requirement do not apply. Although it is not clear whether the company is paying her the notice as many pay monthy and she would most likely recieve a months salary with one week being in lieu of notice. Although they are not required to give any.
My reply was poorly worded I'll grant you.
An employee cannot claim unfair dismissal in the first year of continuous service, unless they have been discriminated against unlawfully, they can then lodge an Employment Tribunal at any time.
In law, the employer must ensure that the employee
1: Is given the correct training and support
2: Understands what is expected within the job role
3: Understands the areas in which he/she is underperforming
4: is given sufficent time to improve
They must be issued with warnings as per the companies disciplinary procedures and given the relevent rights to notice and representation.
Unfortunately as she was dissmissed before she completed a full months service the employer is not required to give notice or follow any of the above requirements.
Where there is no discrimination, an employee can have his/her employment terminated unfairly (eg. You dont fit in or some such rubbish) at any time with the first 12 months as long as you follow any contractual disciplinary procedures (normally the statutory 3 stage dismissal procedure) and give the required statutory notice.
Probationary periods simply allow the company to monitor and appraise an employee during the initial stage of their employment.
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A quick calculation shows that your friend is entitled to payment for untaken holiday (assuming they have taken no holiday in those three weeks).
Please have them chase this up - even on full-time minimum wage this is worth £50 and they are entitled to it.
Please have them chase this up - even on full-time minimum wage this is worth £50 and they are entitled to it.
Quick story short.
They can't do that.
The Employment Rights Act 1996 protects all workers, including probation workers, part-time workers, agency works, anyone. Even if you got hired from an agency to work a couple of days, you're still protected by unfair dismissal.
You also have the right to a written statement explaining why you were dismissed, inability to perform your job duties is a sackable offence but, what most people fail to realise and it's what employers want you to believe is that they can sack you whenever they want during probation, this is not true. Probation period is a fixed term contract, under section 95, subsection 1 (a) of the Employment Rights Act 1996 it's stated that: "he is employed under a contract for a fixed term and that term expires without being renewed under the same contract". They can't just sack you for incapability of performing the job, they can do it, but only at the end of your probation.
Consult a legal adviser on the issue if you'd like to take it further but it's very hard to bring a sucessful claim forward with Employment tribunals so take what I said with a grain of salt.
They can't do that.
The Employment Rights Act 1996 protects all workers, including probation workers, part-time workers, agency works, anyone. Even if you got hired from an agency to work a couple of days, you're still protected by unfair dismissal.
You also have the right to a written statement explaining why you were dismissed, inability to perform your job duties is a sackable offence but, what most people fail to realise and it's what employers want you to believe is that they can sack you whenever they want during probation, this is not true. Probation period is a fixed term contract, under section 95, subsection 1 (a) of the Employment Rights Act 1996 it's stated that: "he is employed under a contract for a fixed term and that term expires without being renewed under the same contract". They can't just sack you for incapability of performing the job, they can do it, but only at the end of your probation.
Consult a legal adviser on the issue if you'd like to take it further but it's very hard to bring a sucessful claim forward with Employment tribunals so take what I said with a grain of salt.
That is not true. A probationary period is not a fixed term contract of employment.
The parts you have quoted are simply the circumstances in which an employee is dismissed, not reasons for unfair dismissal.
Section 108 of the same Part...
(1) Section 94 does not apply to the dismissal of an employee unless he has been continuously employed for a period of not less than two years ending with the effective date of termination.
Soldato
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Did she have any optical experience? A lot of companies in Optics hate hiring new people without prior knowledge. It takes a long time to learn the stuff. They'll only take you on if you sure initiative and comitment. She probably stated it in the interview and showed none of those in practice.
They have the right to do this, its the whole point of the period.
Its so they can see what they are really like. Once they get past the 3 months, its harder to get rid of someone "just because you have to tell them a few times"
Its to see if they are really up to the job
Its so they can see what they are really like. Once they get past the 3 months, its harder to get rid of someone "just because you have to tell them a few times"
Its to see if they are really up to the job
Having a "probationary period" in a contract of employment gives them an employer no further rights and removes none of an employees rights.
Surely then there would be no point in having a probationary period if it didnt do anything? The employer has the right to terminate employment within the specified probationary period with no notice if the employer feels that he or she (the employee) is not suitable for the position.
The employer was totally within its rights to dismiss her within her probation period. They have no obligations to her other than to do it in a professional manner without discrimination. You can debate it until you are blue in the face but as an employer of people I speak from experience.
Someone call a doctor, my sides have just split
