The HR Forum

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

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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

    Dismissing staff - GOV.UK
    How to dismiss staff fairly, working within dismissal rules and dealing with dismissals relating to whistleblowing
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