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Employment law, probationary period?
I previously worked for a large bargain retail company.
I started working for them at the beginning of June as a sales assistant. When I signed a standard contract with a three month probationary period.
In September I was offered a job as a supervisor in another branch, based on my previous experience, I happily accepted. I signed no contract for this role.
Then in November I was dismissed for being 'unsuitable'. Where I was immediately dismissed as I was 'still within probationary period'. I know my dismissal was unfair as I did nothing wrong and it was basically a great excuse to solve having too many staff.
So basically, where do I stand regarding probationary period and having no contract.
I am currently appealing my dismissal but wanted to know if anyone knew much about the probationary period.
Thanks in advance Xx
7 Answers
- michrLv 710 years agoFavorite Answer
where are you?
laws vary greatly based on location, therefor ALL legal questions must include where you are....
in general regardless of where you are if you do not have a contract that specifically states otherwise you may be terminated at any time, while in a clearly stated probationary period you have even less protections.....
a few country's do provide extra protections for employees without a contract but even there you can still be terminated but you may have some recourse under certain conditions...
- NickLv 710 years ago
Only Jan and Kernow Lady have got the right angle here.
The 'contract' has no influence. Strictly, you should have one within 2 months of starting. Your move to supervisor can be covered by a letter of variation within one month of the change.
Even with any paperwork, 'probation' means nothing in law. It is simply a system to remind managers to keep a closer eye on, and give more support to, newer employees - common sense really.
None of this gives you unfair dismissal protection until you have worked for 12 months. So unless they dismissed you because of a 'protected characteristic', like your disability, race or sexuality, then there is nothing you can do.
Sorry that isn't what you wanted to hear. Good luck.
Source(s): http://www.adviceguide.org.uk/index/your_money/emp... <<< more here - n2mamaLv 710 years ago
Unfortunately, what they did is what they are permitted to do in the probationary period. During that period they can terminate you for pretty much any reason, and they don't have to follow specific steps like they might if you were outside the probationary period. Sorry you lost your job.
- Anonymous10 years ago
well because you didn't sign a contract for it, then they can basically get rid of you whenever. The probationary period isn't just for them to see if u are suitable, they also look at whether they think you are good for the job.
I had a similar situation and contacted my union and they were not the best in helping me. However when you where sacked you should have been able to go back to your original job
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- ?Lv 710 years ago
Sadly if you have been employed by the company for under one year then they can dismiss you and actually don't have to give a reason
It looks as if they needed to cut down costs and you as a staff member were a good way to them of cutting their wages bill
An appeal will probably go nowhere as they know their are within their rights
to dismiss you with under one year's service
sad but true
Source(s): UK - Anonymous10 years ago
you cant do anything about it basically they say you were in a probationary period and u never had a contract so they can get rid for whatever reason the like and tell you you were not suitable .... simple mean but true
- TavyLv 710 years ago
Sorry but in the UK you have little employment rights under 12 months.
You might not have had a written contract but you had a Verbal contract when you started working for them.
UK
Source(s): Rtd Business owner