Friends Furlough during resignation

[honeyb1234]

Hi All,

 

I wanted to find out if an employee can be dismissed on the spot during probabation because the company is not doing well financially even of their performance is good.

[honeybee13]

From what I've read on CAG then sadly it seems to be very easy to dismiss someone who's been there for less than two year.

 

I expect people with more knowledge will be along shortly to advise you. In the meantime you could have a read of the ACAS website.

 

HB

[Ethel Street]

If you are in a probationary period I guess you haven't been there very long - less than 2 years? If so the answer is probably yes they can dismiss you. Certain exceptions but none appear relevant from what you've posted. Incidentally, you've titled the thread "Failed Probation" but what you describe doesn't sound like you personally have failed anything. It sounds like redundancy, the employer needs for financial reasons to reduce the number of employees doing whatever work it is that you do.

 

When you say 'on the spot' do you mean with literally no notice nor any pay in lieu of notice? The employer must comply with any notice periods in your contract. If you have been there for at least a month the notice period must be at least one week. If you are entitled to one week's notice the employer is though entitled to pay in lieu of notice, ie require you to leave the premises immediately but include an extra week's money in your final pay. See ACAS guidance here

 

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

[honeyb1234]

Hi, Thanks for the reply.

 

It was in lieu, I guess I called it failed probation as I was told that I could be dismissed due to being on probation.

 

It was strange as the feedback was really positive but the company said they don’t have enough money coming and and can’t justify keeping my role going, yet they hired a new employee two days prior (in a different role)

[honeyb1234]

Hi,

 

My friend was being bullied by a manager who kept saying that anonymous people were complaining about her, she is Asian and the minority where she works, s

 

he raised concerns in her meeting that she felt it had something to do with her race and gets treated differently to the rest of her colleagues due to off the cuff comments previously made and was told by her manager that as a minority she has to prove herself more as a minority in life and thats unfortunately the way it is.

 

 Following on from this they’re were more anonymous complaints all revolving around her attitude when speaking to the anonymous individual(s), she then had a meeting with hr initiated by her manager and expressed her concerns, no outcome was given as the hr person said it was informal

 

a week later she has been told that she is being made redundant,

 

my question is there were no specific incidents mentioned and my friend is still confused exactly how this came about but suspects it’s her manager who has taken a disliking to her, is this lawful?

[Emmzzi]

It's not lawful to dismiss because she isn't working harder etc than other people.

 

but, can she prove it? does she have evidence of grievances etc? 

 

Is it an actual redundancy situation or are they just laying her off or failing her probation?

[honeyb1234]

Hi Emmzzi,

 

As far as I know she hasn’t submitted a grievance before, she was going to submit one today as she received a letter inviting her to a meeting which is to discuss making her redundant (I thought the process had been completed), however I advised her to hold fire until I came onto the forum as I’m not sure whether it would be a good idea for her to do so before they have completed the redundancy process, She said she has emails which can prove she is being discriminated against. 

[Emmzzi]

So, I would start here by working out if it is really a redundancy.

 

https://www.gov.uk/redundancy-your-rights

 

I would also submit the grievance now, stating unfair treatment because of race. Don't include redundancy yet, as they are simply consulting at the moment from what you have said, so it's not an action yet.

[honeyb1234]

Hi Emmzzi, thanks for the information 

[ericsbrother]

so is the job really disappearing ? look at what makes a position redundant and see if what they are up to is actually redundancy or just plain old unfair dismissal.

In my time as a union lay rep it was a hell of a fight to get managment to accept that people's actions were motivated by rascism because of how it reflected on them. They had doe all the courses and said all the right things but couldnt bring themselves to loom at what was happening in the organisation . head in sand

Edited October 17, 2019 by ericsbrother

[honeyb1234]

Hi, 

 

My friend handed in her notice before the outbreak and was due to leave on Friday, however her company shut down on Monday and her new job is on hold due to the circumstances. Would she be able to continue claiming furlough and request that her job is reinstated until this is over?

 

Thanks in advance 

[Emmzzi]

She can ask her old employer; they don’t have to agree. New employer can do nothing for her.

[honeyb1234]

Thanks Emmzzi