Can they dismiss me without following their policy?

Florah

Hello, 

I’m currently working for a local authority in the UK in the support and safeguarding team. 6 month probation is due to end first week of February. I returned from Christmas to be told I’ve got a performance plan meeting. 

I informed them when accepting the role I have a thyroid condition and spoke with OH. My manager has decided to re-refer me 7/12/23 and had my appointment 4/1/24

I’ve checked the policy, I’ve not had probation meetings or objectives set, it’s not been made clear on improvements needed or support to do this. Any advice? Can they dismiss me without following their policy? 

Thanks

Adrian_Scope

Good morning @Florah and a warm welcome to the community.

I'm sorry to hear that employment issues have brought you here. Are you able to ask your employer more information about the meeting ahead of it?

It's great that you've already taken the initiative to check their policies. Was your meeting with occupational health useful? From what you've shared, it does seem like they haven't followed their policy so far.

Unfortunately, I'm not an expert in this area and was wondering if you've heard of ACAS? They provide free, impartial advice on workplace rights, and my partner found them very useful when dealing with issues at an old job. In situations like this, the main advice I can give is to document everything. Keep a record of all communications, meetings, and any documentation related to your probation process. This can be useful in case you need to reference specific details in the future.

Best of luck, and please let us know how you get on.

MW123

Florah said:

Hello, 

I’m currently working for a local authority in the UK in the support and safeguarding team. 6 month probation is due to end first week of February. I returned from Christmas to be told I’ve got a performance plan meeting. 

I informed them when accepting the role I have a thyroid condition and spoke with OH. My manager has decided to re-refer me 7/12/23 and had my appointment 4/1/24

I’ve checked the policy, I’ve not had probation meetings or objectives set, it’s not been made clear on improvements needed or support to do this. Any advice? Can they dismiss me without following their policy? 

Thanks

Hello @Florah and welcome to scope.  Is it possible that your employer follows a standard procedure when employees disclose health issues, and your concerns might be unwarranted? 

Your employment contract is a legally binding document that outlines the terms and conditions of your employment, including any policies or procedures related to issues such as performance management, health, and referrals to occupational health.

Most employment rights begin on the first day of employment. This means that you are generally covered by employment laws from the moment you start working for an employer. These rights include the right to the National Minimum Wage, protection against discrimination, and the right to paid annual leave. 

It's important to note that some employment rights, such as the right to claim unfair dismissal, usually require a minimum period of continuous service with the same employer. For unfair dismissal claims, employees typically need to have completed two years of continuous service. However, there are exceptions, and certain types of dismissals may be considered automatically unfair regardless of length of service.

 

trb10

Have you been off sick within your probation period?  Have you been given any warnings whether verbal or written about your absence or performance since starting the job?