I worked for 2 and half months for a company and was in the 3 month probation period. My employer called me in, told me I was being replaced by the person who had originally left and that I would be demoted at a pay cut of 20%.
I was also told I could leave, which is obviously the route I took. Now the employer is claiming back a week's wages of £300 in lieu of 1 week's notice pay. I feel this is totally unfair as I was constructively dismissed and do not even have a job to pay this amount back. What are my rights and obligations?
(J.A, 10 May 2009)
A.
I'm sorry to hear of your situation. In the current economic situation, losing your job is a really upsetting issue, even more so than usual. A key reason for this is the potential problem in finding new work, so you must not get sucked into a situation that was not of your making, and be careful not to become too negative and make it harder for you to get a new job.
There is a vast difference in employment law depending on your contract and what stage you are at within it. The fact that you were within the initial three-month probation period would be my first point to question – were you aware of a three-month probation period? This should have been clearly marked on your Employment Contract.
If it is clear that you 'signed up' to a three-month probation period, then there is not a whole load you can do.
However, the second point I would question is the very frustrating issue of how you were told that you could leave. You have simply said that you were 'told you could leave' – were any conditions or options given about working your one week's notice? I would suggest that this is the core factor in your argument and the one which you should shout about with your previous employer.
It sounds as though you were alone with the boss when then occurred, so as this is essentially 'your word against theirs'. I would recommend that you focus on the fact that there should have been a witness present.
If at all possible, I would suggest that you write to your previous employer, focusing on this issue and saying that you are prepared to let the matter drop if they will waiver the claim on the £300. Although essentially you could cause a bit of a stink about the lack of professionalism in how they handled the issue. They are probably aware of this, so even just a slight mention should work.
You may wish to gain additional professional advice from someone who can know more details of your case and see your employment contract in detail.
Hi, my company are trying to give me a summary dismissal for attending a race day with another employee without notifying a director. First of all nothing has been mentioned to the other employee and no action has been taken against them. Is this allowed? Also, there are other employee's who have stolen directly from the company and have also committed worse misconduct within the company where the directors have not taken the same action. Is this also allowed or if the sack me for gross misconduct under their terms and conditions do they have to treat other employees who have broken the conditions need to be treated the same? I ask this as I am in a high up postition within the company and I'm about to spend a 3 month stint recovering from an operation I'm due to have in a couple of days.
snopake - 28 January 2012 @ 5:13 PM
I work in retail and was promoted and promised an immediate pay rise.I have almost completed my probationary period and have not received any extra wages and now the manager has said that I will only get a wage rise after my probation is over.Is this legal?
G - 20 January 2012 @ 6:50 PM
I started my job with a security company in August 2011 and my probation started date was 1st of August.i lived in east and travel to north like 20 miles every day and shift hours were 15 a day I left my home early morning 3 am and get there 6 and finished my work at 20:30 and travel to get back at 22:30 . I never late on my work place my performance was excellent .i spent 2 months and 25 days there and now my manager sent someone else to replace me and also I got a letter from company for my extended probation .is this unfair to me because manager is not behaving well but overall I did splendid to my work place.please give me advise and number for help thanks
Jutt gee - 26 October 2011 @ 9:43 AM
I am currently employed by a hotel, and I am nearing the end of my 3 month probation period next week. But all of a sudden the manager is trying to find fault with everything I do, but as my work is good and it is very hard to find fault, he is hitting me personally. Recently I lost a very close family member, and on the day they died I got a nasty phone call from my boss saying that me taking 4 days off to be with my family whilst my family member was dying, that I have caused massive losses to the hotel and that if I do not come in the next day they would terminate my contract. That and the other managers have started taking my roles back away from me once I have sorted them out. I feel like this was never an actual position, but just a quick way of getting the departments ready for christmas. Is there anything I can do? I need this job and I am really good at it, so am very worried for my future
DWEFoster - 3 October 2011 @ 10:03 AM
Hi, I did 13 weeks unpaid work for my employer on the governments new deal 25+ scheme that was 8 months ago now but I was given the job and continued to work there ever since, what I would like to know is does the 13 weeks unpaid work at 30 hours per week count towards my holiday pay ? Thanx
klover - 9 September 2011 @ 3:04 PM
Hello, I am a bit stuck, I have worked for my company for 5 months now and I was suppose to be on a 3 month probation, but they never gave me a review and so I just carried on like you do. I had a bit of trouble this week as me and my manager have had a fall out, and now all of a sudden they want to do a 3 month probation which I don't get as I have been here 5 months now. can the sack me??where do I stand??Thank you.
lizy - 8 September 2011 @ 2:06 PM
I've worked for a company for 6 months and 19 days, this is 19 days over my probation period. Then I was sacked saying it's related to my performance. When my probation period was up I did question the fact that my probation period was up but they said they would get back to me. Where do I stand? Can anyone shed some light onto this?
Smokey187 - 31 August 2011 @ 9:39 PM
My H is a security guard by trade, an industry where guards do tend to move around a lot generally between employers/contracts.
He started a new job 3 months back with a 6 month probation - fair enough. but during that probabtion his manager (but not direct supervisor) has subjected him to bullying, spied on him using the CCTV system whilst he is carrying out normal duties, used a very heavy handed approach, personal verbal attacks designed I feel to cause my H to react back and using (via a senior manager) the disciplinary system - incorrectly I might add (no warning of gross misconduct inteview following a minor one off incident etc), and outright lies about the way my H does his job (claims of patrols not being done, when they had been done, barring say one fire door because it was very early on in employment and he was still learning the job), followed by dismissal (by letter) towards the end of three months - over an incident my H had no part in - other than being on the site at the time.
My H is'nt the only one being subjected to this treatment - established members of staff are too, the manager has only been there for a short while and has already attracted the attention of the person who signs the contracts - and not in a good way.
I know people on probation that is less than 12 months have virtually no rights regards unfair dismissal, but what about approaching the compny with a greiviance challenging the bullying, spying on with CCTV (data protection act), and inability to follow thier own disciplinary process (as per contract) let alone the one set out by UCAS, and stress than my H has been under because of this and worries about problems with to this point, virtually spot free record - ten years of it.
We only want the decisions on his warnings to be reassessed by someone other than the two people involved in the bullying and abuse of disciplinary system, so that if then say a higher manager overules the warning/dismissal on grounds that they were unfair and innapropriate to the offence, then maybe my H caould have back a job he enjoys with a team he get on with.
Would a company accept these terms, or would you advise civil approach to make an example of it...
whoopsie2010 - 7 August 2011 @ 12:36 AM
There are a few obligations your employer has towards you. Firstly, he has to provide you with a written statement of the relevant facts of your employment within 8 weeks of employment. Secondly, you are entitled to at least one week notice before you are dismissed. If he didn't comply with that, you may be able to claim damages for wrongful dismissal. You would have to ask a lawyer to look into this.
geraumezeit - 21 July 2011 @ 12:59 PM
I'm ten weeks into my probation period at work. I was given NO contract to sign at all. I've since found a better paid job closer to home and wish to leave my present job as soon as possible do I still have to give notice and am I owed three days holiday?
