10 weeks into a 3 month probation and fired without warning!

[unhappycustomer11]

Today has not been my day, at the end of a call, (I work telesales) or I did! My manager asked me to follow her, I asked where we were going and got no reply. After following her down the office she asked me to go into a room with the head of HR and I knew this was serious, without any warning like a rabbit in headlights I am ambushed by the both of them telling me that they don't think I am suitable for the position (I consistently come 3rd out of a team of 9) and that they were terminating my contract. I did not see this coming, did not know what to say, they had me agreeing with the both of them as I was not prepared.

 

The question I want to ask though is a difficult one, as both gave me different information on what would happen. My team leader told me that I was going to be paid until the end of the week (bearing in mind this was thursday) so an extra days pay is nothing, and the other told me that because I did not receive a weeks notice I would be paid for what I worked and a week in lieu.

 

My question is which one of these is correct technically speaking in UK law? As I could really use the extra weeks wage, seen as it is looking likely I am going to miss out of the commission I earnt. And at the time I was seriously too taken aback to ask any questions related to it

[transient]

What did your contract say?

[Sidewinder]

Hi - after you have been there for a month, and for up to two years service, the law provides for you to receive a week's notice unless your contract allows for more (which I doubt it does!).

 

Therefore, if you have been released with immediate effect, you are due pay for all time worked, plus a week's pay in lieu of notice.

 

Don't forget that you will also be due any outstanding holiday pay too - make sure that this is included in your final pay.

[transient]

Hi - after you have been there for a month, and for up to two years service, the law provides for you to receive a week's notice unless your contract allows for more (which I doubt it does!).

 

Therefore, if you have been released with immediate effect, you are due pay for all time worked, plus a week's pay in lieu of notice.

 

Don't forget that you will also be due any outstanding holiday pay too - make sure that this is included in your final pay.

Should have given a fuller answer like yourself Sidewinder, just wanted to know what the contract said before answering but the likely hood it is not more

[Sidewinder]

Nothing wrong with your answer as the detail is normally in the contract - I just prefer to waffle

[unhappycustomer11]

The contract states, word for word.

 

12. Notice

 

12.1 The period of notice is to be given in writing by the company to terminate your employment

 

12.1.1 In your probationary period either party may give to the other one week's written notice in order to terminate this agreement, thereafter;

 

12.1.2 After 1 years service, 1 weeks for completed etc etc, (does not apply to me)

 

12.2 After the first 3 months months of employment the period of notice is to be given in writing by you to terminate your employment is 1 week

 

12.3 Nothing in these terms and conditions of employment shall prevent the company terminating your employment without notice or payment in lieu of notice in appropriate circumstances

 

13. Pay in Lieu

 

13.1 On any termination of your employment on notice the Company shall be entitled to pay your remuneration and provide other such benefits in lieu of the whole or any part of the notice period. Any such payment in lieu of the whole or any part of the notice period. Any such payment in lieu of notice shall have PAYE and Class 1 National Insurance Contributions deducted at source by the company. There should be no expectation on your part to receive such a payment.

 

Is it best ringing up HR or waiting until the letter arrives and then ringing?

[unhappycustomer11]

Oh and I was told that the holiday taken within my probation (two days) will be taken off my wage, is this allowed too?

 

BTW thanks for the help, did not mention that yet!