Friend going to be sacked tomorrow, question about probation & notice pay

[MrHat]

A friend has been told if he doesn't his a sales target by tomorrow, he will be sack. Was said verbally in one-to-one meeting with his manager.

 

 

He started in mid December on 3 months probation, then moved roles (a promotion but no new contract) and had his probation extended to 6 months in total.

 

 

He has now been there 6 1/2 months but hasn't passed probation.

 

 

According to contract, probation is up to a maximum of 6 months.

 

 

If/when he is sacked on Friday, is in one week's pay (as per probation) or 1 month due to being there past maximum probation period?

 

 

Thanks

[Emmzzi]

if they didn't re-extend probation, the month, but he may have to work it!

[MrHat]

Thanks emmzzi!

 

What if they sack him, tell him to leave immediately and will pay him a week...

 

...then he contacts them to say it should be a months pay?

[Emmzzi]

yes - by the way, I'm assuming here the contract says one month!

 

http://www.acas.org.uk/index.aspx?articleid=4096

 

Don't forget the holiday pay.

[MrHat]

Contract says one month on completion of trial period. Also states the maximum trial period is 6 months.

 

Thanks

[MrHat]

Ahh... just found out some new info.

 

He started 11 dec with 3 months probation, 4 months later to the day he was given a new role with a new 3 month probation period. This means he is still within the new trial period.

 

There was no new contract issued but an email was sent to the above effect.

 

Does this override his actual contract therefore just one week notice?

 

These things are never straightforward are they?!

[Emmzzi]

so he was out of the first 3 month probation safely?

 

was he given or did he apply for, the new job? If "given", no unilateral imposing of new terms!

[MrHat]

He was given new role.

 

His initial 3 months may have been extended for a further 3 months originally but at the start of month 4, he was given new role and a new 3 month period by email.

 

So do you reckon 1 week notice or one month.

 

Thanks

[Emmzzi]

1 week. no harm chancing his mitt though!

[ericsbrother]

you dont have a new probation period when you have completed the contractual one. Ask for the contracted 1 months notice pay, they havent agreed a new contract so the employer are bound by the one he was given at the time of engagement.

[Pusillanimous]

Well? Did your friend get sacked?

[MrHat]

Yes.

 

However they gave him a months notice anyway.

 

Thanks all