Hi All,
If someone is dismissed after their 6 month probation period and they believe it to be unfair however they were on probation do they have any right to protest or ask to have a say?
What grounds to they have to stand on?
Thanks in advance
Millz x
Replies
Hi Millicent
Thanks for the post it depends on what grounds they believe it to be unfair, as you probably know someone with less than 2 years' service does not have the right to claim unfair dismissal. However if the dismissal was related to a reason such as pregnancy, or any reason which is included in the automatically unfair reasons (see a link to the list below) they yes they could make a complaint.
https://www.gov.uk/dismiss-staff/unfair-dismissals
Likewise if the reason for the dismissal is related to a protected characteristic e.g. race, gender, sexual orientation, age, disability, pregnancy and maternity, marriage or civil partnership, gender reassignment then they would also have the grounds for a claim as there is no qualifying period for discrimination claims.
Finally if the dismissal was a wrongful dismissal there is also no qualifying period, but this related to breach of contract claims e.g. failure to give the appropriate notice, more info here:
http://www.landaulaw.co.uk/wrongful-dismissal/
There is also a really good podcast here which explains the rights that individuals do or don't have when they have less than 2 years' notice
Podcast: Dismissal with Less than Two Years’ Service #ukemplaw http...
I hope this helps
All the best
Sarah