Unfair dismissal during probationary period?

Question

My daughter was taken on as a recruitment officer and for past month really enjoyed it. However, on Monday she overslept, rang in straight away and was told to take day off and that the Manager would want to contact her. He doesnt work in office. She tried for days to get hold of him, leaving voice messages and texts. When he did return her calls he said she hadnt bothered to contact him, and that someone else is starting her job on Monday!! In saying that he said if she doesnt work out we will consider you again. Can he do this? She is devastated as she really enjoyed this job

Answer 1

No. He still had to go through the relevant periods of notice and warnings etc. She can try to claim but after such a short period of employment is not likely to get much. The way I read your question is that she didn't go in to work on subsequent days, having been told not to go in on the Monday. If that's the case then she hasn't done herself any favours I'm afraid. It may well have been that on the Monday her jobs had been reassigned to others for the day but they would expect to see her the next day. She may be able to get someone from ACAS to act as intermediary and I would advise her to talk to them first. remember though, if she is hopeful of being re-employed by the firm they will not be happy if she is threatening to sue for unfair dismissal.

If she really thinks that there is a chance that she will get her old job back and she really wants it that badly, it may be just as well to accept the current situation, write the manager a letter explaining how it was a misunderstanding and that she had tried to contact him, assure him of her commitment and dedication and ask for a chance to prove herself. Then just keep following it up with regular letters or calls reiterating her enthusiasm for the company and asking if another vacancy has arisen yet.

ACAS - http://www.acas.org.uk/

(take it you're in the UK - if not ignore this answer as US law is different in places and I have no knowledge of their law)

EDIT: As I'm getting so many thumbs down I can only assume either people don't know the law on this, or that my answer isn't reading clearly, or this is related to the US. Again, as I said, this information is pertinent to UK only. I'll try to clarify.

Although he can dismiss her at any time during her probabionary period for virtually any reason (unless that reason can be deemed to be discriminatory) he still has to follow the minimum statutory procedure and can't just tell her she's fired over the phone - the following is a quote from the ACAS website.

"What is the statutory disciplinary procedure?

If an employer is contemplating dismissal - or action short of dismissal such as loss of pay or seniority - they must follow a three-step disciplinary procedure. This statutory procedure involves:

- a statement in writing of what it is the employee is alleged to have done
- a meeting to discuss the situation, and
- the right of appeal


If an employer does not follow the minimum procedure then an employment tribunal may judge the dismissal 'automatically unfair'. Compensation will increase or decrease - by between 10-50% - depending on whether the employer or employee failed to adhere to the new law."

This minimum procedure applies to all employees, probationary or otherwise, regardless of length of service, hours worked etc.

Answer 2

I work for a charitable children s hospice as a clinical team leader. I received no preceptorship even though they were aware that I had no hospice experience or management experience. The charity extended my probation by 6 months and my 6 weekly feedback was always positive. I made a few management decisions which they did not agree with, but nothing major but told by my direct manager that I would still be signed off my probation. That was on Monday morning, by Monday afternoon I was invited to a performance review where I met with my Union Rep and told that I would be given a further 4 weeks added to my probation. I have annual leave for 10 days out of that and not in the country, and I am having major surgery on 20 November, It is a very big coincidence that the day I will be leaving if unsuccessful will be 20 November if taking into account the week notice they have to give me! I feel just the same as you, I have septic tonsillitis and now have to go off sick, I know I am going to get the sack today, but cannot do a thing about it as the law does not recognise us. It is disgusting!!!! Take care Cheryl

Answer 3

Acas Probationary Period

Answer 4

During the probationary period (some times referred to as introductory period now) an employer can let an employee go. It sounds like maybe the manager had other issues beyond this one day oversleeping incident and is just not sure the job is a good fit for her. They are within their right to let her go during this time period.

Answer 5

Probationary period allows for quick dismissals. She tried for days to contact him. Why didn't she go to the office? The managers story sounds fishy and maybe a friend needed a job but would she really want to go back there given the circumstances. The boss sounds like he has no integrity.

Answer 6

Your daughter gave them cause to dismiss by her behavior especially in a probationary period. Many (?all?) states allow for dismissal from a job "without cause". The boss can fire at will and the worker can leave at will. Sleeping in on Monday, like being absent on Monday, often indicates too much partying on the week-end and poor judgment and unreliability..

Answer 7

Im afraid he can do this. She had less than one year of service and that means no protection against dismissal

Answer 8

I don't think your daughter told you the truth. I think she probably "slept in" and didn't show up that day, and then probably tried to call later to patch things up with the boss...and he wasn't about to entertain any of it...that sounds alot closer to the truth.

It wasn't an unfair dismissal. If I had a new employee that "slept in", calling me would be pointless, because I would be going through my resume bank before they had the chance.

Your daughter has learned a very important lesson....and I hope she has learned to be more responsible for it.

Answer 9

over sleeping during a probationary period is completely unacceptable, that's why they have a probation period so they dont have to commit and regret it later on.

Answer 10

Tell her to get over it and the next be more responsible. Don't buy into that line if the other person doesn't work out they'll call her.