After working for my employer for six months I was called to a six monthly assesment interview with the manager and the supervisor and told 'we have discided to let you go' ( we are sacking you) Reason given was the six month probationary period was up and I had not come up to the mark. I was given no notice; it was to come into force straight away. I wasn't entirely supprised because I did not get on with my supervisor anyway and believe this to be the real reason. But I read later that I should by law get a minimum of one weeks notice. Is this true? Can I make a claim? What time period must I do it by?
2006-08-04 17:10:14 · 13 answers · asked by zarnticolz 2 in Politics & Government ➔ Law & Ethics
It depends on the state you live in. If your former employer stipulated that you were subject to a 6 month probationary period then they legally can dismiss you for whatever reason they want.
It doesn't make it right, but that's their prerogative.
2006-08-04 17:17:13 · answer #1 · answered by J.D. 6 · 0⤊ 0⤋
The answer to the notice period question depends upon what is written in your contract of employment. If it states that 1 weeks notice is to be given by the employer, then you are entitled to 1 weeks pay.
If so, you must:
1. Write to the employer explaining that you have looked at the contract and you believe you are owed money. Also, request your money formally. They then have 30 days to reply.
2. After 30 days, if you don't get your money, you must make a claim to an Employment Tribunal. The time period within which you make your claim starts to run from the time that you were dismissed and the application must reach the Tribunal within 3 months of the date of your dismissal.
That is why you must make the written request first. Unless you do this, and allow 30 days, you cannot start a claim.
It is important to act on this asap.
2006-08-07 05:59:11 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You were in your probationary period and normally under this period you can be sacked at any time and not always with reason.
However you should check out the contract between you and this former employer as most contracts would suggest a certain notification period.
As you were only employed for six months, you cannot claim unfair dismissal since this is only valid if employed for more than 12 months.
In effect, as long as there is nothing mentioned in the contract, there is nothing you can do about it.
Kind Regards,
Free Legal Advice UK
2006-08-07 15:11:03 · answer #3 · answered by Free Legal Advice UK 1 · 0⤊ 0⤋
Normally it's 3 months probation depending on the company, if during this time you are failing to improve they should give you councelling about your downfalls giving you chance to improve within the specified time. All this should be in writing and you should if done probperly have letters from your employer stating what you need to improve on. If you have still failed to improve they can put you on performance review which would be every 2 weeks, This review basically states that your performance is poor and it gives you aims and targets what you need to achieve by the next review. As a manager i have to follow this procedure. Seek advice from ACAS if UK they will help you. i use then all the time. Good luck hope you get it sorted.
2006-08-06 07:30:23 · answer #4 · answered by shelz042000 3 · 0⤊ 0⤋
Hmmm. Truthfully I don't know. Best get yourself down to CAB.
It strikes me that you knew it was a probationary 6 months, but it does seem unfair that you'd have to go there and then.
Check it out, and if they have acted against the law - make sure you do something about it. Don't take it lying down.
Best of luck (and with finding a new job) xx
2006-08-04 17:19:15 · answer #5 · answered by Hello Dave 6 · 0⤊ 0⤋
Generally you have to sign paperwork when you take a job and most employers cover their hind ends...so I am sure the issue is addressed in their employment contract and they have the right to terminate within the probation period with no notice.
2006-08-04 17:17:50 · answer #6 · answered by redfernkitty 3 · 0⤊ 0⤋
by signing a contract for six months you are in effect a tempory worker when your contract is to terminate and not renewed for any reason i am of the belief that you have no redress in law , unless your dismissal was contrary to the contract you signed.
2006-08-05 11:10:07 · answer #7 · answered by lefang 5 · 0⤊ 0⤋
If you were in a probationary period you can be fired at any time without notice.
2006-08-04 17:17:40 · answer #8 · answered by October 7 · 0⤊ 0⤋
if your 6 month probation was already up and then they terminated you?
no they cant do that!! they would have to do that before your time was up.
you know this is not right/they require you to give them a 1 to 2 week notice. but somtime they dont give you any notice;which is a bunch of b--- s----.
i would prosecute them to the extent!!! youve heard of equal opportunity.
2006-08-04 17:39:41 · answer #9 · answered by david_strickland31 3 · 0⤊ 0⤋
in the uk you dont stand a chance with wrongfull dismissal as you weren't employed for twelve months. you can try breach of contract in a small claims court. check your employment contract and see what it says
2006-08-06 00:43:43 · answer #10 · answered by busted 2 · 0⤊ 0⤋