Dismissed on disciplinary grounds during a probationary period of 3 month. 3 of the 4 issues raised by the company were in fact false and the one point was trivial in the extreme.
Whilst i accept the company is able to dismiss during this period the manner of dismissal will have serious implications in the future on, future employment prospects, insurance ansd benefit claims.
If I believe the matter is not a disciplinary matter is there any recourse open.
Also, the company's discipline procedure was not followed.
2006-10-02 21:58:12 · 13 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment
thats what a probation period means.. they can kick you to the crub w/ no reason.. and you can walk w/ no ?
so myanswer is no you have no recourse
2006-10-02 22:01:59 · answer #1 · answered by rx8 slotcar 5 · 1⤊ 0⤋
From the sound of it this is an extremely bad situation. Can you prove that 3 of the 4 issues were false, or is it a case of your word against theirs?
As the company's discipline procedure has not been followed this should be the starting point. You need to sit down with a representative from HR to discuss your concerns. If this does not assist in solving the problem then you will have to take them to an employment tribunal.
Good luck
2006-10-02 22:05:54 · answer #2 · answered by bumblingbeermonster 3 · 0⤊ 0⤋
Firstly, under the UK statutory procedures you are entitled to appeal the dismissal. You should do this if you have not already. It may not get you your job back, but it might give you bargaining power.
Assuming you are UK based, unfortunately if you have under one year's service then you are not able to bring a claim for unfair dismissal unless you were dismissed for a discriminatory reason,(i.e. sex or race) and some other very limited circumstances.
If the company failed to follow their own contractual disciplinary procedure, then you may have a case for breach of contract. However, many employment contracts specifically state that such procedures don't apply to probationers/people with less that one year's service. You'd need to check what yours says on the subject.
Unfortunately the probationary period is designed so that employers can get rid of employees who are "just not working out" without any comeback on them. If I were you I would think about damage limitation, for example trying to get them to agree to give you a reference in a specified form, even if it is factual only (i.e. the dates you worked and in what job).
2006-10-03 00:16:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If the wording of your termination was exactly on "Disciplinary Grounds" (in writiing!), you could take action IF you can PROVE that the 3 issues were false. Even if you were hired at will or were under a probationary period.
However, if you were simply "let go" with NO reason specified, then indeed you probably do NOT have recourse because they can say whatever they want to justify your termination.
2006-10-02 22:33:35 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You are on thin ground.
They can get rid of you during your probationary period( if the clause at will is in there they can do it for no reason)
So tribunal will not be concerned.
However if you have been wrongly accussed of something and they have used that as a reason you could issue a writ for liable or slander ( depending if they wrote it down or verbally communicated the issue)
This is an expensive excercise if you are just being sensative and didnt like what they said as oppossed to it being wrong.
So talk to them re liable or slander and I am sure they will reset the record.
2006-10-02 22:14:36 · answer #5 · answered by commentator 2 · 0⤊ 0⤋
I would think that you would be able to challenge the grounds for your dismisal. Many companies have an "at will" policy during the probationary period and can dismiss you at will. You will not get your job back, but you could get your record corrected.
2006-10-02 22:06:21 · answer #6 · answered by Patti C 7 · 0⤊ 0⤋
this is such a complicated project. i'm keen to adhere out my neck and declare that in spite of if there are somewhat adult males suffering DV, the quantity is nowhere close to proportionate to females people. law has continually been a difficulty, because of the fact there are people who will abuse it for their own ends. There are women people doing this on a daily basis and that i'm particular some adult males could abuse it too given the prospect. the subject with violence against adult males is that it has continually been of the hidden form: rather some psychological torment and the actual injuries are in many situations small and cumulative somewhat than some thing you're able to march all the way down to the police station with and report a grievance; and how many adult males report a grievance besides? in certainty that greater women people than adult males finally end up on mortuary slabs each year as a results of being mechanically overwhelmed by using companions. i does not recommend something that eliminates any protections to decrease this. most of the paintings for adult males could be to alter the accepted public concept and the perceptions of regulation and the police who seem to have an inbuilt theory that one and all DV occurrences are male on lady, greatest to computerized arrest of adult males. the belief is supposedly to do away with the ingredient maximum possibly to reason injury, yet this could be a prejudiced infringement of rights. As an aside: the guideline of thumb regulation (that a guy could beat his spouse with a stick no thicker than his thumb) replaced into continually a fantasy in English regulation. the subject replaced into that it replaced into continually taken as a certainty and the thickness of the stick never mattered besides. the desire to settle for this regardless says plenty approximately DV.
2016-10-18 09:53:56 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Actually, you may well have recourse on this; unfair dismissal is unfair dismissal. Go to the CAB and/or an employment lawyer and see what they have to say.
Make sure you have everything well documented.
2006-10-02 22:02:08 · answer #8 · answered by Felidae 5 · 0⤊ 0⤋
Call your local job center and ask if they have an employment rights advisor that you can talk to. They will be able to help or put you in touch with an employment rights lawyer.
Good Luck
2006-10-02 22:12:03 · answer #9 · answered by kookiboo 3 · 0⤊ 0⤋
The problem with this site is that you expect us all to be in the same country....but for legal questions, we need to know state, province, etc. Laws do vary so it is impossible to guess whether there are litigation possibilities are if they are fruitless to pursue.
2006-10-02 22:13:46 · answer #10 · answered by Frank 6 · 0⤊ 0⤋