can i claim for unfair dismissal?
I started work on a 3 month probationary period. Towards the end of this period i was signed off sick by my doctor (which took me over the probationary period) I was asked to have a meeting to review my probationary period. At this meeting i was told they werent happy with my absences (no complaints about my quality of work) and was offered a new probationary period which i agreed to, however when receiving confirmation of this and giving me 1 weeks notice for previous probationary period, they informed me they could not guarantee me 16 hours a week(previous contract hours were 25 hours)or offered me a reserve shift at another store and asked me to let them know of my choice by contacting them. And wished me success for the future should they not hear from me. On the letter there was no contact address or telephone number, so i have been unable to contact them to discuss this
Tagged with: claim • dismissal • unfair
Filed under: Unfair Dismissal Laws
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It seems like these are not the kind of people you want to work for.
I don’t know of any legal grounds for “unfair dismissal.” If there were discrimination involved or sexual harassment, then maybe. But winning a suit against an employer is very difficult. I’m not an attorney, but I can’t see that the company did anything wrong.
Go to the labor board in your area and find out what the laws are where you live. If you find anything that even looks like it will work in your defense use it and file a complaint with the labor board. The more details the better for you. Good luck.
not sure
see an attorney
If you agreed to an extended probationary period, in writing, then you can not claim unfair dismissal. A probationary period is a set amount of time in which either employee or employer can terminate employment with neither cause nor notice. In other words, if you walked into work on the 89th day of probation and the store manager said “It’s not working out, see you around”, then there’s nothing you can do but leave graciously. Since you agreed to an extension of probation, the company is exercising its’ right to terminate without cause. I’m sorry to be the bearer of bad news!
Probationary periods usually do not affect your employment rights. You usually have to be employed for 1 year to claim unfair dismissal. Normally, they cannot unilaterally change important terms and conditions such as number of hours and work location unless you specifically agreed to this in your original contract. They are probably bound to pay you at least your notice period, which is 1 month unless agreed otherwise.
You may have other potential claims. Find out where there are located and consult the citizens advice bureau (free – see the attached link).
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