Dismissal during probation time

[makiearch]

Hi all!

I have an employment issue I would need some advice on.

I am an experienced architect in London. Several weeks ago I was approached by an recruitment agency on behalf of a small developer in North London who was looking for a senior technical architect.

Since I was not happy with my employment at that time I agreed to an interview with the developer. The interview went very well and after one week the developer wanted to meet me again for a second interview.

The next day the recruitment agent on behalf of the developer made me an offer with a very attractive pay package and 3 month probation time which i accepted.

Consequently I gave my then employer notice in accordance with my contractual notice period.

In the weeks to the start of my new position on 28/10/2014 the recruitment agent chased the developer for a contract, which they said they would give to me on the start date, which is quite common in the architectural sector.

However the day I took up my new position at the developer the contract was not issued to me. I ask the creative director, who had interviewed and hired me, for the contract and she informed that they normally only set up a contract after the probation time. I was not happy about this at all as you can imagine.

However during my first week at their offices it became apparent that there was a fundamental discrepancy between role they had hired me for and role I was actually assigned to. This lead to some disagreement between me and the the creative director regarding the work I was supposed to do.

On the end of Tuesday 04/11/2014 the creative director called me into a one on one meeting which I was lead to believe was related to a project I was working on. Without any prior warning she then told me that she does not want me to come back the next day because she thinks I would lack the 'passion' for their work.

I was utterly stunned by her announcement but agreed to leave after she confirmed that I will be paid for the 6 days I had worked for them.

I must admit that I feel a bit embarrassed about the whole situation and the way I let them treat me. From what I have read on-line they way they dealt with the situation would count as unfair dismissal. I also believe that even without a contract I should be entitled to some kind of notice period.

I am now concerned that they might not pay me at all since one week passed already and I have not heard from them.

Therefore I would appreciate your advice on what legal procedures there are, if any, to make them pay me for the 6 days I worked for them.

Kind regards,

[steampowered]

You don't have unfair dismissal rights until you have 2 years' service and you don't have the right to notice until you have a month's service, unfortunately.

 

You are of course entitled to be paid for the 6 days worked. I imagine you will get that in the next company payroll. If you are unsure then you should ask.

[Emmzzi]

usually you;d also be paid a weeks notice which is implied in the absence of a contract, I think. And a smattering of holiday pay.

 

Small claims court (via money claim online) is fastest and cheapest, but write them a letter before action first setting out what you think you are owed and why.

[makiearch]

Thank you guys for the advice. It is very much appreciated.