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Sacked during probation period

 
sacked during probation

I have been working for a company since the end of May and was told that I would have to fulfill a 3 month probationary period(although i'm not sure that this is actually in writing anywhere) after which I would be a permanent employee. The problem came when they started to advertise for vacancies when there actually weren't any. I work in a pub and so know that there are hardly enough hours to go around without them bringing in new people. I have seen them giving interviews and have asked whether or not I am losing my job but they have said no. My question is whether or not they can fire me without good reason?? I am very good at my job and over the past couple of weeks have kept the place together. If they do sack whilst in the probationary period are they required to give me a valid reason?? If not can I sue them for unfair dismissal??

Please help as I don't want to be screwed over by these people!

Thanks pfw x

pixiefootedwarrior

20/07/2006 12:39:37

sacked during probation

Originally posted by pixiefootedwarrior:
I have been working for a company since the end of May and was told that I would have to fulfill a 3 month probationary period(although i'm not sure that this is actually in writing anywhere) after which I would be a permanent employee. The problem came when they started to advertise for vacancies when there actually weren't any. I work in a pub and so know that there are hardly enough hours to go around without them bringing in new people. I have seen them giving interviews and have asked whether or not I am losing my job but they have said no. My question is whether or not they can fire me without good reason?? I am very good at my job and over the past couple of weeks have kept the place together. If they do sack whilst in the probationary period are they required to give me a valid reason?? If not can I sue them for unfair dismissal??

Please help as I don't want to be screwed over by these people!

Thanks pfw x
Unfortunately you don't have a leg to stand on, unfair though it is. Probationary periods are exactly that - to see if you fit in - whether they like you enough as well as to see if you cut the can with the job itself. Even employees past their probationary period but less than a year's service don't have job security.

So why don't you drown your sorrows, this time at the other side of the bar, and take a nice big G&T to console yourself. It happens to us all, at some time or other.

Suze

20/07/2006 13:03:49

sacked during probation

Originally posted by Suze:
Unfortunately you don't have a leg to stand on, unfair though it is. Probationary periods are exactly that - to see if you fit in - whether they like you enough as well as to see if you cut the can with the job itself. Even employees past their probationary period but less than a year's service don't have job security.

So why don't you drown your sorrows, this time at the other side of the bar, and take a nice big G&T to console yourself. It happens to us all, at some time or other.



Even if i've done nothing wrong?? I think that they're getting rid of all of us, not just me. It's rather unfair, especially seeing as i've done lots for them over the past few months.

Drowning my sorrows is defintely on the cards I feel! So the unfair dismissal laws aren't applicable? Even if I was only orally told about the probationary period rather than having to sign something that says I'm willing to undertake it?

Thanks for your help!

pixiefootedwarrior

20/07/2006 13:16:27

sacked during probation

Originally posted by pixiefootedwarrior:


Even if i've done nothing wrong?? I think that they're getting rid of all of us, not just me. It's rather unfair, especially seeing as i've done lots for them over the past few months.

Drowning my sorrows is defintely on the cards I feel! So the unfair dismissal laws aren't applicable? Even if I was only orally told about the probationary period rather than having to sign something that says I'm willing to undertake it?

Thanks for your help!


I'm afraid you are right. Unfair dismissal really only applies once you've been with a company for a year or more. Up until then employees don't have any rights at all unless they've been sacked because of harassment or discrimination.

People get 'let go' (sacked) for all kinds of reasons and poor performance is rarely the real reason even though this is often the excuse made to legitimise personal grievances. Most genuinely poor performers usually stay on or are given a chance to do better, provided of course their face fits.

Clearly yours didn't.

Suze

20/07/2006 22:57:40

sacked during probation

It seems like they can sack you during your probationary period but if they do at least make sure you get the legal minimum 1 weeks notice or a weeks pay. I wish I knew this when I was sacked during my probationary period.

zarnticolz

05/08/2006 07:06:55

sacked during probation

Originally posted by Suze:


I'm afraid you are right. Unfair dismissal really only applies once you've been with a company for a year or more. Up until then employees don't have any rights at all unless they've been sacked because of harassment or discrimination.

People get 'let go' (sacked) for all kinds of reasons and poor performance is rarely the real reason even though this is often the excuse made to legitimise personal grievances. Most genuinely poor performers usually stay on or are given a chance to do better, provided of course their face fits.

Clearly yours didn't.

shad

03/01/2007 13:09:33

sacked during probation

sorry suze but your kind of talking cr*p......... . The 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’

shad

03/01/2007 13:11:24

sacked during probation

sorry suze but your kind of talking cr*p......... . The 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’

shad

03/01/2007 13:11:30

sack during probation

my employer chose to sack me during probation. I had worked with them for six years after which they chose to sack all staff and encoraged all of us to re apply for our jobs. we sat interviews and I was re appointed . Problem was that we dis agreed on the department I should take up. the management decided to ignore my application and interview and a letter advising them that I would not be availabe to take on a position I had not been interviwed for. My employer proceeded to sack me for abscondment from duty even though they had told me That I needed to apply to the department that they had appointed me to before I could be asigned work. Then the employer decided not to pay my full terminal benefits notably two months salary in lieu of notice although it was stated in the termination letter. Then paid this to a third party with no authorisation from me and refused to inform me or advise me. Does my ex employer have the right to do this ? Sack me for abscondment a discplinary issue with no due process? what about my entiltlements ? What of failing to advise me on these benefits

harry

04/01/2007 14:27:24

dismissed during a probationary period

I'm absolutely shocked and stunned. I was dismissed last Thursday whilst working for a well known high street retailer. I was told that it was my appraisal I was attending, so I made notes on how I thought the department could run smoother etc., the kind of notes you make ready for your appraisal. However, as soon as I entered the room with both my Line Manager and the Head of Department, it turned into an absolute farse. They had two sheets of typed out notes regarding my performance, and literally drilled me down to a pulp! They had not raised any of the issues listed beforehand or given me notice to prepare to respond to them. Neither did they support me or assist me at the time when things did go wrong (incidentally, during the 4 months I worked there, I made two errors!)

The ridiculous thing is, they brought up for "discussion" minor things like I used the wrong font and frowned too much!!

Granted, I did make a couple of mistakes that were not major and I did try to rectify these. Far major errors were made within this department and noone was ever hauled over the coals for them. They were simply covered up and nothing said about them.

I too have been looking on the internet regarding my legal stance and it's true, they should have given me it in writing beforehand to allow me time to reply back rather than shoot me down without prior warning. And, I should have been given the opportunity to have a representative with me.

My career is now in complete tatters as a result of this. I have worked everyday since leaving College over 20 years ago, and I feel so frustrated that I won't even be able to get a fair reference for all of the good work that I did, that was never recognised. This company, that I held such high regard for, has basically chewed me up and spat me out with no thought or consideration for my future.

The frustrating thing is that they simply left me to my own devices, never gave me support or regular discussions on my performance, so when things did go wrong they would not take responsibiity themselves as my Managers. I've been used as a scapegoat for their lack of management skills.

Before this, I was a strong, confident worker who never turned up late for work and never had a day off sick. I havn't eaten since this happened have become an emotional wreck.

connie

27/01/2007 08:48:40

dismissal during probation period

I feel so sorry for you Connie. I too have just been dismissed during my probation period. I was given no prior warning of the meeting, I was just told by my area manager and the HR manager that they wanted to have a word with me, 20 minutes later I was dismissed!

I know from having looked at about 20million websites that they have not followed the correct disciplinary procedures because they didn't send me a written statement beforehand. However, as they have put my dismissal down to gross misconduct (which it wasn't!) I'm pretty sure that I cannot do anything about it.

I feel totally used because they kept me on all over christmas to run their store as the manager had quit a week after he started and i had had only 2 days training instead of 2 weeks and then expected to run the store!!! Then all of a sudden I'm not good enough for them.

I have the appeal coming up so I will get a chance to air my views as I was totally unprepared for the dismissal hearing. Wish me luck!!!! xx

Sarah Clapp

27/01/2007 22:21:09

dismissal during probation period

Originally posted by Sarah Clapp:
I feel so sorry for you Connie. I too have just been dismissed during my probation period. I was given no prior warning of the meeting, I was just told by my area manager and the HR manager that they wanted to have a word with me, 20 minutes later I was dismissed!

I know from having looked at about 20million websites that they have not followed the correct disciplinary procedures because they didn't send me a written statement beforehand. However, as they have put my dismissal down to gross misconduct (which it wasn't!) I'm pretty sure that I cannot do anything about it.

I feel totally used because they kept me on all over christmas to run their store as the manager had quit a week after he started and i had had only 2 days training instead of 2 weeks and then expected to run the store!!! Then all of a sudden I'm not good enough for them.

I have the appeal coming up so I will get a chance to air my views as I was totally unprepared for the dismissal hearing. Wish me luck!!!! xx

connie

29/01/2007 09:35:15

Unfair Dismissal

Hi Sarah

I can't believe that companies can get away with behaving like this. In this day and age of Laws and Regulations. What gives them the right to behave above the Law and change decent, honest and harding working people's lives for good?

Good luck with your appeal.

Connie

connie

29/01/2007 09:39:15

dismissal during probation

Hi Connie,

I know what you mean. I'm so worried I won't get another job because employers will see "dismissed" and won't touch me with a barge pole! I've worked all my life and feel like a fish out of water being at home! How difficult did you find it to get another job?????

Sarah xx

Sarah Clapp

30/01/2007 14:25:01

dismissal during probation

Originally posted by Sarah Clapp:
Hi Connie,

I know what you mean. I'm so worried I won't get another job because employers will see "dismissed" and won't touch me with a barge pole! I've worked all my life and feel like a fish out of water being at home! How difficult did you find it to get another job?????

Sarah xx


Connie, I have just experienced a similar situation. I was on my probational 4 weeks, and was just called in one day and fired. Reasons included bad posture - what a farce! Very similar to you - i made a couple of mistakes, none of which were mentioned at the time, basically my face didn't fit and they thought of some pathetic reasons to get rid of me. absolutely disgusting. Don't let it get you down though, you're best off out of it. onwards and upwards!

baker

07/02/2007 16:33:42

dismissal during probation

Originally posted by Sarah Clapp:
Hi Connie,

I know what you mean. I'm so worried I won't get another job because employers will see "dismissed" and won't touch me with a barge pole! I've worked all my life and feel like a fish out of water being at home! How difficult did you find it to get another job?????

Sarah xx


Connie, I have just experienced a similar situation. I was on my probational 4 weeks, and was just called in one day and fired. Reasons included bad posture - what a farce! Very similar to you - i made a couple of mistakes, none of which were mentioned, basically my face didn't fit and they thought of some pathetic reasons to get rid of me. absolutely disgusting. Don't let it get you down though, you're best off out of it. onwards and upwards!

baker

07/02/2007 16:33:42

dismissal during probation

I can't believe that anyone who has been sacked even considers that they have made a few "mistakes" when writing on this forum.

For goodness sake we are all human and we all make mistakes. Don't even consider this as a reason for being dismissed, I make a mistake all the time, I accept them and try not to make similar mistakes in the future I don't dwell on it and see it as a reason for people not liking me, not wanting me, or not appreciating me. If i'm not good enough to do the job sod them I know I am and they can get some other monkey to do the work.

It's not my problem it's theirs, what can I say if I never made a mistake I would never learn or advance.

It's not your fault, there is another reason behind their actions. Damn them all.....................................

Originally posted by baker:


Connie, I have just experienced a similar situation. I was on my probational 4 weeks, and was just called in one day and fired. Reasons included bad posture - what a farce! Very similar to you - i made a couple of mistakes, none of which were mentioned, basically my face didn't fit and they thought of some pathetic reasons to get rid of me. absolutely disgusting. Don't let it get you down though, you're best off out of it. onwards and upwards!

POIB

07/02/2007 21:39:55

Conformation after probationary period

Yesterday i was told by manager that my job as a sales assistant as been confirmed after completing my three months probationary period. Today when i got into work i was called into the office and told that they have changed their minds and they've decided not to confirm my job after all. I was escorted of the promises promto with no reason as to why. Can they do this?

pinky

20/02/2007 18:32:19

sacked during probation

Originally posted by pixiefootedwarrior:
I have been working for a company since the end of May and was told that I would have to fulfill a 3 month probationary period(although i'm not sure that this is actually in writing anywhere) after which I would be a permanent employee. The problem came when they started to advertise for vacancies when there actually weren't any. I work in a pub and so know that there are hardly enough hours to go around without them bringing in new people. I have seen them giving interviews and have asked whether or not I am losing my job but they have said no. My question is whether or not they can fire me without good reason?? I am very good at my job and over the past couple of weeks have kept the place together. If they do sack whilst in the probationary period are they required to give me a valid reason?? If not can I sue them for unfair dismissal??

Please help as I don't want to be screwed over by these people!

Thanks pfw x

SwtT

04/03/2007 06:36:25

sacked during probation

Originally posted by pixiefootedwarrior:
I have been working for a company since the end of May and was told that I would have to fulfill a 3 month probationary period(although i'm not sure that this is actually in writing anywhere) after which I would be a permanent employee. The problem came when they started to advertise for vacancies when there actually weren't any. I work in a pub and so know that there are hardly enough hours to go around without them bringing in new people. I have seen them giving interviews and have asked whether or not I am losing my job but they have said no. My question is whether or not they can fire me without good reason?? I am very good at my job and over the past couple of weeks have kept the place together. If they do sack whilst in the probationary period are they required to give me a valid reason?? If not can I sue them for unfair dismissal??

Please help as I don't want to be screwed over by these people!

Thanks pfw x
Wow, I just want to say that I'm glad I came upon this site! I too have been dealing with the same situation & humiliation of getting let go during my probation period. I went to school for Paralegal almost 2 years ago and had a hard time getting anyone to hire me due to lack of experience. So since then, I've been doing odd jobs just to bring money in to the family. I finally got a call from a law office and was very happy! Well this place was very strict about everything, including the way we answered the phone...everything. When they hired me, they didn't want me to sit with anyone to train, he said to just go by my notes and if I have any questions just come to him and ask. I could tell people were always walking around on eggshells too - being afraid they would do something wrong at any given moment, but I was still happy that someone was finally giving me a chance... I remember making 2 or 3 mistakes and on my ninth or tenth day there, I was called into the office and the Attorney said "This is just not going to work." I was heartbroken! It totally took me by surprise and I hate it that I cried right in front of him. He told me that my heart was in the right place but as far as my employment there, it just wasn't going to work out. When it first happened, I was so hurt & couldn't believe that I was being treated that way, they made me feel like I was so stupid! I could understand if they had given me more time & I still wasn't improving, but I feel like I was never given a fair chance in the first place with them not wanting to train me. I am in a situation now where I can send my resumes out (like before) and for the law offices/attorneys - I'm underqualifed. I fill out applications for Receptionist or assembly jobs and they don't want to hire me because they look at it like I'm overqualified. So I get no calls for jobs. I have even thought about trying to hide my Paralegal education just to get a job but know they can probably find out about it. I am a good person - who is a hard worker and this has all been so frustrating . If anyone can relate, please write...

SwtT

04/03/2007 07:00:53