- August 20, 2023
- Posted by: legaleseblogger
- Category: Related News
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The Specific Situation and Questions of Legality in Employment Termination
IÔÇÖm currently residing in England, although I must emphasize that I have been here for only six months, so I understand and acknowledge that my rights in this country may be limited. However, the recent events and the manner in which they were handled have left me pondering if there is any recourse available to me.
In May, my three-month probationary period was extended without any prior indication of dissatisfaction from my line manager. Instead, it was the head of my team, who does not hold any line management responsibilities, that expressed reservations about my performance. I was completely taken aback by the extension, as this news came just a day before my scheduled review meeting.
Upon receiving this news, I focused on the feedback provided. To my surprise, I had received more positive reviews during this time, including emails affirming that I was on the right track and performing well.
Approximately two weeks before reaching the six-month mark, my manager and team lead suggested specific areas that required my attention and improvement. This discussion occurred on a Friday. However, on the following Tuesday afternoon, my manager informed me that HR would be joining our regular catch-up session.
During this conversation, my manager proceeded to list a multitude of negative feedback points, some of which had not been raised or discussed previously. Crucially, I had not been granted any time to address or action the feedback received from the previous Friday.
Due to the sudden and unexpected stress, I had to abruptly terminate the call. It is important to note that I have a pre-existing heart condition, and this distressing situation caused my heart rate to spike to 140 beats per minute, triggering an alert from my smartwatch. Immediately, I explained the situation to HR via chat and expressed my intention to rejoin the discussion once I had calmed down. HR assured me that it was acceptable and stated that they needed to formally conclude the meeting and discussion.
However, disregarding the earlier agreement, my manager promptly revoked my access to all work-related resources and systems. Consequently, I was left in the dark for a distressing period of two hours until my manager reached out via email to my personal address. In this email, my manager informed me that my probation had been deemed unsatisfactory, offering no opportunity for further discussion or clarification.
Upon reflection, I suspect that there was never any genuine intention to allow me the chance to address the issues raised on the previous Friday. Interestingly, on Tuesday morning, the individual who filled in for my position before my arrival suddenly announced that a new team member would be taking over his responsibilities via chat, hinting at a possible return to my role. Furthermore, my team lead conveniently dodged our work-related discussion scheduled for Tuesday, citing a headache as the reason (although it seems more likely that he deemed the conversation pointless).
The handling of this entire situation has been undeniably dreadful, leaving me to question if there are any grounds for me to challenge the decision and seek some form of redress.
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Unfortunately, no. With only six months service, they can end your employment for any (or no) reason and in any manner, provided that it isn’t discriminatory or specifically listed as an automatically unfair reason in the Employment Rights Act, which this isn’t.
No you don’t have a leg to stand on, all you are entitled to is your notice pay as well as payment for unused annual leave if you have any left over.
unless your dismissal was for a protected characteristic, no. (also HR are there to protect the business, they are literally the opposite of a friend to the employee)
Are you getting paid notice pay?
I think itÔÇÖs fair to say your Ex-employer is behaving suspiciously here, but ultimately the question is whether they have done anything *illegal*, not unethical. As far as I can tell, theyÔÇÖve stayed within the law.
Your problem really is that your ex-employer *did* explain to you areas of improvement that were necessary, and while telling you a day before the end of the original probation period was sketchy they could argue they doubled it to give you time to work on it, and furthermore they *did* run through more points a few weeks before the end of the extension. So any argument that they didnÔÇÖt give you warning will have to navigate choppy waters.
It seems your team lead sounds like the main issue here and ultimately if they feel youÔÇÖre not up to it then thatÔÇÖs really all there is to it – you could only pursue them legally if you had evidence you were discriminated against in a protected characteristic like health, ethnicity, religion etc, none of which sound like you were.
Abruptly disconnecting from a call due to a health condition probably didnÔÇÖt help your case – they canÔÇÖt use that against you but realistically someone whoÔÇÖs had to have their probation extended and appears on track to fail disconnecting from the meeting could reasonably be interpreted as tapping out, so while killing your access was probably overkill, IÔÇÖm not sure you can make any argument there.
Ultimately probation is about ensuring they made the right choice and people fail probation all the time, so IMHO thereÔÇÖs not a lot to chase here. I think youÔÇÖre right that they simply wanted rid of you, but thatÔÇÖs how it goes sometimes. IÔÇÖd chalk it up to experience and move on.
As everyone has already said you havenÔÇÖt really got any legal recourse to stand on. Having worked within teams IÔÇÖve seen first hand once theyÔÇÖve decided youÔÇÖve failed the probation you arenÔÇÖt going to get back in. You should cut your losses and start looking elsewhere.
Did you declare any kind of disability to them? Anything on medical disclosure?