sacked by a supermarket

[moonhand]

A relative recently started work for a large supermarket chain (you know the one - begins with T and ends with O) where she was taken on for a probationary period. After being trained and completing several weeks of work on the shop floor she was told that they did not need her any longer due to the fact that an existing employee had applied for the job (when they were recruiting for that particular position) but their application form was lost but had recently turned up. When they found it (after my relative had started work) they were obliged to give the position to the existing employee, thus making my relative surplus to requirement but there is a chance that she 'might' be taken on again in the future.

All this is in the last week, ie. leading up to Christmas week.

When my relative was initially told of being taken on by the company she handed in her notice at her existing job and subsequently is now unable to return.

I would appreciate any advice on whether she can take this matter any further or are her former supermarket employers with their rights to treat her this way.

Thanks in advance for any advice.

[MilkTrayMan]

I is extremely hard to advise your relative, without knowing the T & C's of her 'Probationary Period' etc.

It may well be that she was 'let go' for reasons other than what was officially said??

My advice to her is to sign on + claim whatever benefits that she might be eligible for asap.

U do NOT say whether she was a Member of a Trade Union.
If she was, her local Rep may be able to give her more company specific qualified advice?!

Here is a link to a website which U may find also useful...
Acas - Home
...especially if your relative wishes to proceed further, on a more formal basis.

Otherwise, it may just be a case of your relative taking the decision on the chin, NOT rocking the boat, + re-applying for employment with the same firm at some later date??


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[callumsgran]

As i understand it (and this is true where my hubby works) if she hasnt completed her probationary period then she can be 'let go' at any time for any reason

Sorry and welcome!

[MilkTrayMan]

That's NOT strictly true callumsgran.

There are legal exceptions...i.e. Sexual/Racial Discrimination etc


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[advisee]

Originally Posted by callumsgran

As i understand it (and this is true where my hubby works) if she hasnt completed her probationary period then she can be 'let go' at any time for any reason

Sorry and welcome!

Not quite correct.... anyone who has at least a months service (whether or not there is a probationary period) is entitled to notice (at least a week).

Moonhand - how many weeks employment is "several" - was she given any notice (either "you will be dismissed next friday" or payment in lieu)?

[moonhand]

Many thanks for your replies.

My relative had only completed 3 weeks of service prior to having her employment terminated. She was told that they were more than happy with the work she had done but because of the situation with the other applicant they were obliged to give the position to them instead. Unfortunatly she is not a member of a trade union.

[callumsgran]

Originally Posted by MilkTrayMan

That's NOT strictly true callumsgran.

There are legal exceptions...i.e. Sexual/Racial Discrimination etc


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Originally Posted by advisee

Not quite correct.... anyone who has at least a months service (whether or not there is a probationary period) is entitled to notice (at least a week).

Moonhand - how many weeks employment is "several" - was she given any notice (either "you will be dismissed next friday" or payment in lieu)?

Well it would appear i was correct in both of these instances given the facts as they were

I did say it was true of my hubby's company (which is american) and they get away with it all the time!!

[advisee]

Originally Posted by callumsgran

Well it would appear i was correct in both of these instances given the facts as they were

I did say it was true of my hubby's company (which is american) and they get away with it all the time!!

A typical probationary period is 3 months (can be longer or shorter), and right to notice is from one month..... so you were 33% right.

[KENZIE394]

The weeks notice after 1 month would not count for acts of G.M whilst in probation. Termination within probation is immediate.

[advisee]

Originally Posted by KENZIE394

The weeks notice after 1 month would not count for acts of G.M whilst in probation. Termination within probation is immediate.

This is not stipulated in law.

Dismissal for GM can be without notice whatever length of service.

After one months' service (whether or not still in probabtionary period) notice is owed (a minumum of one week).