What Are My Rights During Probation Period?

Q.

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?

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 say 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 that can know more details of your case and see your employment contract in detail.

Best of luck.

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