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Thread: Workers rights (employed less than 12 months)?

  
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    Workers rights (employed less than 12 months)?

    A lad at work has asked me to try and find out what his rights are as he doesn't have the internet.

    Basically, when he & his mate started,. they were put on a 3 month trial period. I think they call it a probationary period in their letter. Anyway, they had their review & what have you.
    today they both get letters saying their 3 month period has been extended for another 3 months.

    Waffles on that the company hasn't been able to monitor their progress or some crap like that.
    The lads are understandably worried that they're going to get laid off over Xmas/new years & want to know where they stand.

    This lad who's asked is adamant he's got rights as he's worked at ours for about 5 months now. He cites this 12 week cut off point. Not sure what he's referring to. I thought you only had any rights after 12 months pretty much & full rights (regarding redundancy pay etc) after 24 months.




    I've been searching but can't find much in a definitive way. Anyone have a link handy that i can print out?

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    sport-hatch150's Avatar
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    six months before you have rights apart from things like discrimination which commence at application stage. Redundancy starts at age 21 with 12 months service. They probably wont make the position redundant they can simply dismiss as unsuitable if under 6 months service.

    Statutory redundancy pay is 1 week per yr (some complications as you get older and also a weekly wage cap) so if they have 1 yr service and are over 21 they will get 1 weeks pay - same as notice.

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    If their probation has been extended it has been extended not much he can do but keep his nose clean. My employeer uses a 12 month probation period and they know a bit about staying on the correct side of the law

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    As Duff says, probationary periods of up to 12 months are common enough.
    When I started work @ my last job i was on 3 months, guy who started several years later had a 12 month period.
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    Quote Originally Posted by sport-hatch150 View Post
    Statutory redundancy pay is 1 week per yr (some complications as you get older and also a weekly wage cap) so if they have 1 yr service and are over 21 they will get 1 weeks pay - same as notice.
    not true unfortunately, the 1st 2 years of employment your not entitled to any redundancy, however on the 3rd complete year of service your entitled to 3 weeks.
    if your over 40 years of age then your entitled to 1.5 weeks pay per year served.
    these figures are up to a maximum of 20 years service.

    or thats what i was told in dec 2008 when the factory i was working in closed

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    I just read earlier that redundancy comes in once you've served 2yrs.
    I read a while ago (so i'm going off poor memory) that it's up to a maximum of 12 yrs. I should be ok as i hit 12 yrs service next Feb.

    He was spouting this 12 week business & 6 month malarkey to me & that his last boss did it such & such a way due to the law.
    As i said to him - there's a difference between someone thinking they know the law, and actually knowing it. A lot of people seem to think they know it & spout it as truth.

    Such as the entitled to a break if you've worked 4hours myth that everyone seems to buy into. Then you watch them speak it with such conviction & can't help but smile at how wrong they are. It's probably the most common one i see.

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    another thing to consider, just because you successfully complete your three month probation does not mean your automatically on a permanent contract. It is being on a flexible (for both parties) 3 month contract, which is renewed for another flexible 3 month contract

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