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Is this unfair dismissal ??
mocha-latte
Posts: 2,472 Forum Member
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Hi, Sorry this is long, and hope I have explained it clearly.
I'm asking on behalf of my son .
He is 18 years old with ADHD and learning difficulties and attended a special school
He started work with this company approx one year ago.
But he received a letter dated the 1st of May 14 stating ' Following concerns over the quality of your work at during the start of the 2014 we are extending your probationary period ..the initial probationary period was due to finish on 10th May 2014 ,but we will extend this by a further 3 months to 10th August 2014 if we do not see an improvement in your work during this period we may have to take further action, which could include the termination of your contract " ....
Well he finished his shift on the 10th May 2014 at 6pm and was called to the office and told as he had not improved he was dismissed .. No mention that he had in writing letter mentioned above ? He was very confused and came home in tears ..
This position closes during the winter months, staff have to re apply be interviewed and renew their contract)
My son was taken on again this year, being told he did very well last year and took up the same position in the company.
This seems very wrong to me, as leaving he was told no hard feelings, He was devastated and very confused being told in writing he has 3 months to improve, and had already worked at the same position during most of 2013 I will add he had done nothing wrong .... To give any reason to be dismissed on the 10th May without warning.
I would be very grateful for advice please, as this seems very unfair and has taken all his confidence away... Thanks x
I'm asking on behalf of my son .
He is 18 years old with ADHD and learning difficulties and attended a special school
He started work with this company approx one year ago.
But he received a letter dated the 1st of May 14 stating ' Following concerns over the quality of your work at during the start of the 2014 we are extending your probationary period ..the initial probationary period was due to finish on 10th May 2014 ,but we will extend this by a further 3 months to 10th August 2014 if we do not see an improvement in your work during this period we may have to take further action, which could include the termination of your contract " ....
Well he finished his shift on the 10th May 2014 at 6pm and was called to the office and told as he had not improved he was dismissed .. No mention that he had in writing letter mentioned above ? He was very confused and came home in tears ..
This position closes during the winter months, staff have to re apply be interviewed and renew their contract)
My son was taken on again this year, being told he did very well last year and took up the same position in the company.
This seems very wrong to me, as leaving he was told no hard feelings, He was devastated and very confused being told in writing he has 3 months to improve, and had already worked at the same position during most of 2013 I will add he had done nothing wrong .... To give any reason to be dismissed on the 10th May without warning.
I would be very grateful for advice please, as this seems very unfair and has taken all his confidence away... Thanks x
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To have not outlined to him how to improve and what was unacceptable, and then dismiss him and therefore going back on what they had written does not seem right at all, but I'm no expert and the ACAS people are.
he can be dismissed with no reason as he has been employed for under 2 years.
also, why is the ADHD relevant?
http://www.acas.org.uk/index.aspx?articleid=2042
But obvious (to me) questions are: Was he given clear instructions about what he was to do to "improve"? because he needed to know and understand what areas he was perceived to be not meeting requirements and what he could do to bring his work up to standard.
Did anyone work with him to help him achieve the required improvements and over the period, did they give him feedback as to how he was progressing? (Having looked again at the dates, it doesn't sound as if there was time for that).
There may not be anything to be done but understanding where improvement was needed (assuming this extension of the probationary period wasn't just a ploy to give the company a bit of wiggle room for a few weeks while they sorted themselves out) is something to build on for the future.
Perhaps to give as clear a picture as possible... and to forestall the usual suspects piping up mid-thread with petty accusations about "drip-feeding" information.
I would ring on your son's behalf (if he is uncertain) and appeal / ask for a review.
I am pretty sure you could attend as a witness
Are the employers a "name" company, or just a small company. A well known company are more likely to know exactly how they should process employees according to the correct rules, I think
Ok thank you, who are ACAS ?
It may be very relevant because if he has a disability as defined by the Equality Act 2010 then his employer has a duty to make reasonable adjustments to address any substantial disadvantage he may be at in the workplace due to the ADHD.
OP - I'd advise you or your son to speak to the Equality Advisory Support Service on 0808 800 0082 to discuss whether he may have been discriminated against.
https://www.equalityadvisoryservice.com/
http://www.acas.org.uk/index.aspx?articleid=1461
Thank you,
it's run by a trust .. Yes stunned was the word he looked blank and very confused I have heard since others are having hours cut too.
It's not the job going it's how he has been treated and he often worked extra hours without pay to help out. It's telling him he had three months to improve then 10 days later dismissing him without warning and he had only been in for 4 shifts in that time,.. I think that was very unkind and unfair his a good lad now he said he now understands why people don't bother to work,.. Done a lot of damage this has.
Thanks for advice xx
Thank you x
Ok I will do, thank you for that xx
It sounds as if things have been handled poorly.
If he was falling below the standards required they should have come up with a written Action Plan detailing the problem areas and what level of improvement was required within a reasonable time scale, also describing any necessary further training and support - to include reasonable adjustments in relation to any recognised disability.
Trusts want cheap labour, and are not necessarily good employers.
Let us know how you both get on.
Did he mention this at his interview?
If the lad has learning difficulties it doesn't sound very fair to me. They could have arranged a meeting with him and a family member or social worker to discuss any probs before they wrote to him and suggested ways in which he could have performed better.
Reasonable ones, but nobody can determine whether they have in this instance, and there was still no improvement.
But my main problem with them is on the 1st may they extended in writing his probation period from 10th May until 10th August then dismissed him on the 10th May ? With no warning? So he had no chance to improve ..
He worked there all last year, but as they close 2 months during the winter staff have to re interview and start again .. And they took him on again this January ....
Be the last time he works for a trust that's for sure,.
Yes, that doesn't sound right at all.
That bit is a bit harsh, But you can be let go during probation so it is unlikely that it would be something that can be undone, That is the purpose of a probation period. Maybe since May 1st they have decided that there is no way a month will change anything, Or since then things have gotten worse and they decided they are wasting both parties time.
Just all guess work of course
If the lad doesn't mind his mum getting involved, maybe it would be easier for her to make representations to the company as a first step. I wouldn't leave it too long, though. I think that would cause less waves for her son, than getting external agencies involved.
It sounded like the manager wasn't pleased to be dismissing the lad anyway, so maybe the organisation is having to cut back a little.
A phone call won't do any harm.
If my mum had rang my employer to protest something on my behalf when I was 18, I wouldn't have gone back out of utter shame. He's not at school.
That would depend the lad has learning difficulties so it may be appropriate for mum to be involoved i am a Union rep, and in one place i worked we had a green card worker (used for disabled employees in the past) his mum had to be called in for every change.
He may not be at school but if he has a disability he may not be able to cope.
The green cards were done away with as the then government had an ideology about integrating the disabled into the main stream workforce,which does not always pan out.
Three months they wrote and said he had to improve. then only gave him 10 days. And he was only working four of those so instead of 3 months to improve he had only four days. Lot of difference as in 3 months he would have had
time to improve or look for other work .. Waste of time writing to say extending probation time. As they then didn't? That's what I'm cross about. Didn't give him a chance did they...
And he was doing same job as last year... Without problems.
I have made enquiry now with links given.
Thanks to those of you that helped especially as difficult to explain xx
Totally agree with the above.
I don't like the way this has been handled. It sounds as though your son was totally misled by the 3 month probationary extension.
Reading between the lines, it sounds like some individual there wanted him out, and put pressure on the person with authority to dismiss.