Termination of employment?

ok, Ive worked in the same place for just over 3 months, they said i was on 'probation', That period being 3 months, im paid weekly with a week in hand. I booked some time off, (10 days, this time was agrred by my employer), on my last day before my holiday my employer said 'things just arn't working out so we have to let you go with a weeks notice'. This means that while im away thats taking up my notice period, upon my return im unemployed. Is that legal to give that notice period knowing that I'll be away? Also, what do they owe me for? They said they cant pay me before i go away. My feelings say that the notice period ISNT allowed during a holiday period. Im owed the holiday days. So, ! weeks 'in hand' money, my weeks notice money? What am I due? Seems very unfaid to me. Just a guess id say they'll owe me 3 weeks wages. Am I right?

Yeah it's legal! this goes on a lot ! they employ someone till their probation runs out then get rid of them with no comeback in law

I assume you are in the UK?...

Unfortunately you have no employment rights under UK law as you have not been employed for 12 months or more. This means you have little access to pursue an argument with your employer. One weeks notice is normal for a probationary period in employment.

I would ask the company for a detailed break down on what they are paying you for and what period it covers.

First answer wins. That's what the "probationary period" is. So they can have a way to get rid of you within that time frame with no recourse.

An employee on probation can be terminated for just about any reason, that's why the employer enforces the probation period. And I find it very unusual that you'd be entitled to holiday pay during the probation period so they wouldn't owe you for that.

If you want to be paid for the last week of work you need to go to work and forfeit the holiday (or postpone it for your unemployed days.)

Your "feelings" or "what you think" is probably what got you released in the first place. A weeks notice is just that. What days lie in between are irrelevant. Your last day was the day the weeks notice ended, and if you are one week behind on your pay, that is what you are entitled.

You may possibly be able to go to an unfair dismissals tribunal, but because you have not been with them for a year you do not have a strong case, unless you can prove you have been unfairly discriminated against on grounds of your race, your age or your gender.

Yes they can. Unless you had a contract or were union, they were an at will employer, meaning they can let you go at anytime with or without cause. get the book called " you could be fired for reading this "

You normally earn holiday time according to the time you have worked with a company.

It seems unlikely that you have 10 days paid holiday due to you after three months.

They owe you for the time actually worked including the notice period. If you have earned the holidays as paid then they may count as the notice period.

Exactly whats permitted varies from state to state and is covered by your employment contract. Your state labor board or employment office should be able to advise you.

Good luck

no,

some of these companies operate that way== this is done so they do not have to pay your benefits ==also that ifits aunion shop--you will not get into the union now--Yep you are right--this is very very unfair but in most states I would say its ok to do--here we go --back to politics==why dont they change this system?? nope politicians want big companies behind them for elections

hope you find a better job good luck

I am assuming you are in UK. In UK Employment LAw, such things as 'probationary periods' have no legal basis.
Dismissal is normally fair only if the employer can show that it is for one of the following reasons:

a reason related to the employee's conduct

a reason related to the employee's capability or qualifications for the job

because the employee was redundant

because a statutory duty or restriction prohibited the employment being continued

some other substantial reason of a kind which justifies the dismissal

and that the employer acted reasonably in treating that reason as sufficient for dismissal.
Your rights to be treated fairly over dismissal begin as soon as you start work, there is no qualifying period.
Even in the reason for the dismissal is fair, the employer has to go through a 3 step procedure in order to terminate a contract of employment. If he fails to do this, you can take him to an ET.
See www.acas.gov.uk - their helpline is very good. If necessary see the CAB or other local advice agency.