Dismissal during probationary period - can it be appealed?
Dismissal during probationary period - can it be appealed?
Author
Discussion

BlueTwo2

Original Poster:

4,662 posts

221 months

Sunday 17th October 2010
quotequote all
I was dismissed from a job recently and told there was no right of appeal. Can they actually do that or is the right of appeal solely at each company's discretion?

I feel I was treated unfairly, and was dismissed by a boss who had not been in the office for around two weeks. My immediate line manager had made arrangements with me to go and do some work at another site the next day, so he obviously didn't know it was going down. I went into a meeting with the boss expecting positive feedback! Instead I got the boot.

I thought my probationary period was 6 months, but got the chop just before reaching 3 months. I haven't done anything which would warrant dismissal. They did have a few issues with me, but these were basically centered around not communicating enough, i.e. not ringing my line manager and telling him when I'd finished a job out on site, what I was doing next etc., using my initiative to fix things when they actually want me to ring up and check I am allowed to do whatever I am about to do first, and they said I wasn't coming across enthusiastic at the beginning and they weren't sure I was passionate about the job.

I addressed each of these issues and believed I was doing well. I started ringing my manager all the time to keep him informed of things etc., I questioned everything to make sure they knew I was enthusiastic (I have quite a laid back demeanor, which I think gets taken the wrong way somewhat), and I was just generally trying to get on with the job and make a real go of it.

So where do I stand?

N Dentressangle

3,453 posts

249 months

Sunday 17th October 2010
quotequote all
I'm sure you don't feel good about what's happened, and sorry you've been treated the way you have.

However, regardless of the legalities, you're probably better off moving on and showing them how wrong they were as you succeed in another job. Unless your case is open and shut, fighting for your principles will lose you an OK reference, sleep, time and nervous energy you could be expending on moving forward.

Hope it all works out for you. smile

eta Your local Citizens Advice Bureau will give you good, free advice if you decide to take things further.

Edited by N Dentressangle on Sunday 17th October 11:40

edc

9,572 posts

278 months

Sunday 17th October 2010
quotequote all
As a dismissal then the disciplinary process should enable appeal. This is an internal process though and given your length of service you have little come back.

Gargamel

16,293 posts

288 months

Monday 18th October 2010
quotequote all

Nothing you can do, and not worth doing it.

Unless you have a reasonable length of service with a firm, there is virtually no compensation on offer even if you could win.

Probationary period gives them an option to dismiss without warning.

I suspect you will find it has nothing to do with you as a person and more to do with how the business is performing.


northandy

3,537 posts

248 months

Monday 18th October 2010
quotequote all
Gargamel said:
Nothing you can do, and not worth doing it.

Unless you have a reasonable length of service with a firm, there is virtually no compensation on offer even if you could win.

Probationary period gives them an option to dismiss without warning.

I suspect you will find it has nothing to do with you as a person and more to do with how the business is performing.
I agree, sounds like there's more to it than just the op's work.

Put it down to experience and move on.

rich1231

17,339 posts

287 months

Monday 18th October 2010
quotequote all
Is it time to just accept you were st and move on?

Flibble

6,538 posts

208 months

Tuesday 19th October 2010
quotequote all
BlueTwo2 said:
I was dismissed from a job recently and told there was no right of appeal. Can they actually do that or is the right of appeal solely at each company's discretion?
You have less than a year's service so yes they can do that.

BlueTwo2 said:
I feel I was treated unfairly, and was dismissed by a boss who had not been in the office for around two weeks. My immediate line manager had made arrangements with me to go and do some work at another site the next day, so he obviously didn't know it was going down. I went into a meeting with the boss expecting positive feedback! Instead I got the boot.
You can't claim unfair dismissal with less than a year's service unless it's on grounds of discrimination. The company thinking you're not up to the job isn't discriminatory.

BlueTwo2 said:
I thought my probationary period was 6 months, but got the chop just before reaching 3 months.
You can be fired at any point during the probationary period - it's not just a decision at the end of it.


Sounds like you gave it a good shot but it just wasn't working out. Time to take what experience you can from it and move on I'm afraid.

BlueTwo2

Original Poster:

4,662 posts

221 months

Tuesday 19th October 2010
quotequote all
Thanks guys. I have emailed and asked for some proper feedback as to why they have let me go, and told them that I don't feel I was treated fairly and it does feel better to have my say, but as you all say it looks like it's best to just move on and concentrate on finding something else as fast as I can.