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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 48193
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am on a probationary period. We have had monthly reviews

Customer Question

I am on a probationary period. We have had monthly reviews one at month 1, 3 and 6. At month 1 I had a glowing report and have had unofficial feedback over the last 10 week that they were very happy with me. To my shock 2 weeks ago (month 3) I was told the polar opposite and that now they are not happy on the grounds that my communication was poorly. The company has just recently merged with another Organization, the final Org structure was agreed two weeks ago. I have been working for them for 3 months, have not signed the contract and was never told a merger was going to happen. What are my rights in this regard ?
Submitted: 2 years ago.
Category: UK Employment Law
Expert:  Thomas Judge replied 2 years ago.

Bad news I am afraid that you have very few rights these days where you have been employed for less than a year. They can not sack you for grounds relating to matters of equality, disability and discrimination and the like. But where you have worked for less than a year the law provides much more power to the employer than the employee. Happy to discuss. Please remember to rate positive

Expert:  Ben Jones replied 2 years ago.

Hello, I will clarify your rights in a bit more detail. If you have been continuously employed at your place of work for less than 2 years, not one year as my colleague mentioned, then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim. However, I cannot see any issues that would give rise to discrimination here.

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.