Query on termination during probation period

[miker2107]

Hi,

I was hoping someone could help with the following query.

My employment was recently terminated during my 6 month probationary period, with the 1 month notice period as per the contract. I was told the reason for termination was financial and as such accepted the decision.

However, the actual termination letter says "....it has been necessary to speak to you on a couple of occasions in connection with your performance not fully meeting our expectations." and "Having given you the opportunity to improve your performance we are of the view that you have still not attained the standard that we expect from an employee in your position and do not feel in the current economic climate we have the luxury of affording you any further time to prove your value to the group."

Now, neither of these statements is true. I did have a meeting with my line manager where we agreed to extend the probationary period by 3 months, as internal reasons beyond my control had meant that my "project" hadn't kicked-off. However this was the first time that "performance" as such was mentioned and it certainly wasn't in any kind of disciplinary manner. Also, this meeting took place only 2 weeks before I was given notice.

My query is whether I have any legal grounds for getting the wording of the termination letter changed, so the untrue parts are removed.

Regards

Mike

[Indizine]

Regardless of the reason, you cannot do anything about it as you have not been there for 12 months to take any formal action.

Perhaps when they have said financial, as per the second para, they did in fact mean they can't afford to keep you on with the problems (regardless whose fault) they have had.

If your probation was extended you can take it that it was performance related and and would not be extended because of a delay in projects not due to you. It doesn't work like that.

Perhaps when they have 'spoke' to you about the issues, they haven't made it clear its a performance issue or that you haven't grasped that that's what they have meant when they have 'had a word with you'.

[optrix100]

One thing you might want to think about is a refernce from this company for your next position.
Go back and see if you can negotiate for a written reference to be given for you to keep and show to prospective employers, and acknowledge that you were there for a contract period for a project that eventually didn't take off rather than being dismissed for performance. That way, you can tell your future employers you were there for a short-term contract and you left because your project didn't start and was put back. Otherwise it might look odd why you were only with the company foir a short while.

[Indizine]

But the OP's dismissal letter was because of performance and if the employer were to give a reference saying otherwise, they would be telling lies to the new employer - obviously that's up to them to take the risk. I believe this was a permanent employed position and not contract work anyway, so the contract excuse wouldn't be a truth either.

Im not sure what the OP has to bargain with in a negotiation? The employer holds all the cards and the OP has nothing to negotiate with and there is nothing in it for the employer to take a risk and tell lies in a reference. What if the next job is for the civil service, public sector, working with kids, sensitive position, professional position, etc??? You can't go around changing stories. The employer has issued the termination letter and that is legally binding.

The best way is to be truthful with the next employer - say perhaps you went for a job that was above your station and you found you couldnt perform to their requirements. Admittance is about the only way (apart from someone telling lies) to start again with a clear conscience. It also shows you are an honest person

[LOS Design UK]

I second that. I am afraid that you have not got a leg to stand on when dismissed during the probationary period as it does what it states on the tin...

Dust yourself down and get back out there...good luck in your hunt and keep your chin up.

[miker2107]

Wow! To be honest i didn't expect to have to defend my professional integrity, when i registered but..

A) just for the record I've been in marketing for 20 years, am CIM qualified and have worked for a number of global FS companies, and some smaller ones, in a number of senior roles. So "out of my depth"? Ah no, don't think so!

B) the reference isn't a problem as the senior partner who was my line manager is as puzzled over the wording of the letter as I am. As far as he was aware his division had to cut some cost out of their budget and that decision was taken by the group FD.

C) Also, I'm afraid you'll have to take me at my word that no discussions took place over my performance. The basic fact is that the division i worked for shed 25% of its staff in the five months i was there, which made it impossible to build a business development function.

But, to get back to my original query... if the facts stated in a termination letter are untrue are there any steps can i take to get them changed.

Regards

Mike

[Lime One]

There is a common misconception that if you are under 12 months in employment there is absolutely no legal redress. There is very little under emmployment legislation ( discrimination cases only) however civil breach of contract is still a common claim. Where a job has been given up to secure a new position it is worth investigating with a lawyer if there is a claim for damages for breach of contract. Your claim would be in the county court and not a tribunal.

Dealing with the reference now, you are entitled to see the contents of a reference so in this case I would ask the employer for a copy of what they intend to write before providing their details to any prospective employer. It is much harder to get damages from loss of a prospect due to a poor reference than raise the issue with a prospective employer that this employer accounted for a short time only on your CV.

[Indizine]

Hey don't take offence, we don't know you and are just reading a couple of paragraphs based on what was said, it's not personal in that sense as we don't know you. We couldn't possibly tell your background from what you said in your post. When viewing your post as an outside you do get an objective reply.

Anyway, if you know them to be untrue, just go back to them ASAP and get it changed, simnpple as that really. Why do you need to seek legal grounds if there is otherwise no problem? You have your line manager to back you up. Ther was more definitive info in your second post than the first, so had I read that first, I'd have ommitted some of the comments about performance

[Lime One]

You can request a copy of what an employer intends to write post your termination under DPA along with a copy of your personal file. This request can often change the content of a reference in line with facts. Indizine, it is normal to offer all legal remedies, if someone has given up a job or favoured this position over other offers investigation into breach of contract would be normal process on any legal advice.

[miker2107]

Update: I got my line manager to speak to HR, who have agreed to remove all references to performance and issue a straight "restructuring" letter.

It seems that the FD is attempting (for reasons of spin I presume) to cut costs out of the business , without using the "r" word.

Just goes to show, the obvious solution is often the most effective!

Thanks for your input everyone

Mike