Is this a valid reason for being fired from a job??

Question

My sister was hired on a permanent contract by a company on the condition that the first 6 months would be the "probationary period". Last week, on the last day of the probationary period, she was called to a meeting by her boss, and abruptly told that her contract would be terminated because she had made too many mistakes, but mainly because she was disliked by her colleagues, and did not fit in. Although she acknowledges that she made a few mistakes in the beginning, her line manager had said this was ok because she was new to her job. What is most confusing is being fired because of being disliked by colleagues. My sister always said her boss (female) hated her from the beginning, but she always thought she got on well with people in her dept. She was too upset in the meeting to question her boss, but what she and I are wondering now is, is being disliked by colleagues a valid reason to terminate an employee's contract, and doesnt the company need evidence? Thanks for any advice

Answer 1

Legally speaking they simply refused to offer her a job after the probationary period. Its a bummer but that's the rules.

xxR

Answer 2

When you have a probationary period, that's just what it is. She didn't work out. It's unsettling to be fired, but you would think that they would have mentioned something to her long before they fired her and give her some type of a warning. But that isn't the contract and so they can't be held to it. Getting along with fellow employees is certainly part of a job. The decision was made by her manager that she just wasn't right for the job or the office. Why would you think they would want to keep her. Look at it from their side-they spent time and time is money to train her to do the job. It is costly to let someone go so obviously they think she just isn't suited. And from her perspective, why would she want to stay on where it wasn't pleasant to work. Even if she really was no fault, she isn't going to win by trying to stay. She does need to go back and talk to her employer and try to get some type of letter of recommendation so that she will have no problems getting another job and ask all the questions she should have asked at the first meeting. Go prepared or don't go. Short of that when she applies for another job she can just say it was office politics and an unpleasant place to work. That will get her through to another job. Everyone has had one of those jobs where you have to work with people with more time on the job and they are nasty to newcomers, so everyone will understand the office politics answer. . .
And a good reason for unions. . .

Answer 3

The probation period is unfortunately a time scale as to whether the company want you or that the employee wants to join the company. It is only when a contract is signed and full time employment is finalised that there has to be reasons for termination. If it was that the boss resented your sister then it may have been a call to look for something else anyway.

Answer 4

That's what a probationary period is for!! It protects the employer in case they mistakenly take on someone who isn't up to the job. The being 'disliked by her colleagues' bit is probably something she added to the story so as not to appear inept to her family - knowing that her colleagues didn't like her because she wasn't very good. She'll find something she's more suited to I'm sure.

Answer 5

Usually a probationary period entitles the employer to terminate employment for any reason without the normal disciplinary steps given to permanent employees. An employee not being a good fit for the position is a good reason for termination.

Answer 6

Depends where she is located. In most places in the US, a "probationary period" has lost meaning because employment is "at will" and can be terminated for any reason or no reason at all. That being said, I probably would not have given the "your coworkers dislike you" excuse, but simply focused on work performance and ability to complete assignments properly (or not.)

Your reference to employment contracts makes me suspect you are located in Europe, in which case you need to seek legal advice from a solicitor in your area. Employment laws and contracts vary widely from region to region. If your sis has any documentation (90-day performance review, for example), showing that she was meeting expectations, it would certainly be helpful to her cause.

Good luck.

Answer 7

In a probationary period, you can be fired for no reason at all -- she should be thankful the company gave her the reasons she was being let go so that she knows what to work on in the future.

She should have known what was in her contract before she signed it. I have never seen a probationary period that required evidence or reason to let a person go --- thats why companies have them.

Answer 8

I wouldn't have thought that was a valid reason at all.

Has she got what she was told in writing?

If she has go to industrial tribunal... if she hasn't, she needs to write to personnel and say that as she doesn't understand why she was fired... could they elaborate. Hopefully they'll write something to the same effect then your sis can take them to tribunal.

If she was in a union get their advice too... and Citizens advice too... Knowledge is a great thing ;o)

Also, even if she was on her probationary period she should have had a contract and copies of certain procedures, read them in case theres any info in there that might help.

Answer 9

Don't know the legalities, and I doubt that not being liked is a reasonable reason for dismissal....but I don't see that she was dismissed. Her boss chose not to offer her the contract, after assessing he suitability during the predetermined probationary period.
But, as with most things, I dare say the law will be on the employees side, and the employer will be shafted yet again. The employER pays the wages, I think THEY should be able to choose who they want working for them!

Answer 10

Even if your sisters colleagues did like her and it is all lies will they put their jobs on the line to defend her? Do what I did start own busness then complete against old boss teach him a lesson in being honest works wonders for self esteem. Hope all turns out well for the future.