Any Employment Lawyers?
Author
Discussion

808 Estate

Original Poster:

2,562 posts

113 months

Friday 12th March 2021
quotequote all
Situation:
Last year I took a well paid field engineering job that promised "full training". Full training didnt materialise (in fact there wasnt even partial training).

Today I got laid off at end of probationary period, having worked like a bd and done plenty of unpaid overtime. Reason being, I wasnt up to speed on certian procedures. These procedures were ones that I hadnt been trained in. I mentioned this to the manager who shrugged his shoulders and said "thats the way it is".

Do I have any recourse for constructive dismissal, or breach of contract as they failed to provide the promised training?

Edited by 808 Estate on Saturday 13th March 16:26

JeffreyD

6,155 posts

62 months

Friday 12th March 2021
quotequote all
Not if it's less than two years.

Check your contract and made sure they have followed the procedure in their but apart from a few reasons of discrimination they can get rid for any reason within 2 years.

Not a lawyer but have been an employer for many years.

Jasandjules

71,903 posts

251 months

Friday 12th March 2021
quotequote all
Constructive Dismissal rights only arise if you are employed for two years, save for a few exceptions. In any event you have been "let go" rather than being constructively dismissed.

If you feel you are being let go due to any whistleblowing (perhaps you have complained about health and safety for example) or discrimination (race, religion, sex, disability etc), then you have a possible cause of action regardless of your length of service. There are a few other reasons such as being a trade union rep being the ground for your termination (at least in your view)..


808 Estate

Original Poster:

2,562 posts

113 months

Friday 12th March 2021
quotequote all
Thought as much, but worth asking. Cheers.

Taita

7,919 posts

225 months

Friday 12th March 2021
quotequote all
JasandJules is your main on these sorts of things. There are a couple of other members whose name escapes me too, hopefully someone else will chime in smile