HR / Probabion / Dismissal question

Not HR but I would have thought they would have to give a good solid reason for terminating the contract. Also I would have thought they should have a review at say 3 months so that any issues which may lead to the probation being failed can be raised and addressed.

But then again some companies don't seem to care what they do!

That's my feeling too but do you have a leg to stand on if your still in probation and they get rid even though you have performed the duties of the role without fail.

I don't see why you wouldn't but I'm no expert.

Think Mrs C is an HR type lady...

I'm not an expert but I am sure they would have to give a valid reason and usually you should have a mid probation review to discuss how you are performing therefore affording you the opportunity to improve if necessary. I think you would have a case for unfair dismissal if they just failed your probation period without a valid reason and prior warning unless they just make you redundant in which case you probably would not have much of a redundancy package (if any).

Id probably suggest speaking to citizens advice to ask if you have a case for unfair dismissal. Not hr but from my understanding they have to discuss any issues they have with you before they can just say you haven't passed your probation. In my office with new staff, we have to have given warnings etc if there are any issues and normally once we have spoken to them we have to give an extension on the probation to see if they improve.

I think on the basis that they have decided they don't need as many people as they first thought, they should be paying off there contract with you. IMO its unfair dismissal. Did they give an actual reason to you?

Thanks for replies so far.

FYI it's not happened to me. It's something that OH fears may happen to him over the next month.. I can't see how they would be able to but he believes it enough to have started applying for other jobs 'just in case'. He's had nothing but praise in his job and they've previously talked about promotions etc but now he thinks they have an excess of staff..

Unfortunately if they do this there is not much he can do. You never could in the first year and this year it has extended to 2.The only way you can now go to tribunal in this time is if your dismissal can be related to discrimination ie sex, colour, pregnancy etc.

If it is a large company they should have policies in place to make sure that what they do is fair, with reviews and warning to improve before dismissal. If your H is getting good reports I wouldn't worry but it is natural to worry in a probationary period. Does he have a staff handbook? The procedures for dismissal in the probationary period and after should be in there, and also the right of appeal.

I deal with this everyday, as you are in probation you can be released easily I'm afraid. I'm on my phone do can't post too much but will be back later. Us ladies that work in hr have our hitching restricted!

It has recently changed. They can ditch you within the first 2 years. Probation periods mean nothing essentially.

I have heard from HR though re tribunals. If there is a company policy in place i.e a probationary period and they go against this (like using the 2 year rule instead of their own policy) a tribunal will automatically fine them. Doesn't mean the decision would be overturned though.

Tribunals are the last resort though, normally there would be an appeal of sorts first.

Sadly until you have been with a company 2 years there is little you can do to secure yourself. Is it you affected??

Thanks for all your replies, really useful.

This particular circumstance is related to OH, it's not actually happened yet but he thinks its going to..

I am also in my probation period at work though, I've been there more than 3 months now which was my probation period but we haven't had a review meeting yet and not expecting it yet because bosses baby is due in a week!!

Probation periods are not linked to termination of contracts. I got this from ExpertHR for you, if you can read through the jargon!

"A probationary period has virtually no effect on the employer-employee relationship. The purpose of the probationary period is simply to enable the employer to monitor and appraise the probationer in the initial stages of his or her employment to ensure that the required standards of performance and conduct are being reached. If the probationer turns out to be unsatisfactory during the probationary period, the employer can take the necessary steps to dismiss him or her without waiting for the probationary period to come to an end. The employer should ensure that it follows any applicable contractual disciplinary procedure prior to the dismissal. It must give the required period of contractual or statutory notice, whichever is the greater.

Giving an employee the status of "probationer" does not give the employer the right to terminate the employee's employment without the employee having any legal recourse. Where it is a term of the employee's contract of employment that the employer will follow a disciplinary or other procedure (such as a redundancy procedure) prior to the employee's dismissal and this is not followed, if the employee can show that conducting the procedure would have taken time and therefore extended the period of employment, he or she will able to claim as damages for breach of contract lost wages for the time that the disciplinary or other procedure would have taken. The limit of damages is the time that it would have taken to pursue the procedure and, in most cases, the compensation awarded tends to be a sum of approximately three to four weeks' pay.

So, if an employer dismisses an employee on probation for conduct reasons without following a contractually binding disciplinary procedure, the employer is at risk of a breach of contract claim for failing to follow its own procedure."

Although there is flexibility for terminating a contract, an employer must still have a fair reason.

To dismiss an employee fairly, you must first have a fair reason for doing so. The potentially fair reasons include:

• conduct
• capability
• redundancy
• a statutory requirement which could prevent the employment continuing, such as a driver losing their driving licence

Any other potentially fair reasons fall in to the 'some other substantial reason' category. An example would be the dismissal of an employee who was taken on as a temporary replacement for an employee on maternity leave. For such a dismissal to be fair, you must have told the replacement employee at the beginning of their employment that the job was only temporary.

Sorry that was so waffly... he may have a case (not neccessarily unfair dismissal) if they don't follow all of their processes correctly.

Thank you Mrs C! ?

I told MrsC she was needed. I shouldn't be unleashed on HR queries alone!

Unless they are about people being naughty at work, excessive sickness and/or occupational health. Those I am fab at!

? lol Mini, don't knock yourself, I love all my hitchers and their advice ?