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Letting New Staff Go

  • 04-05-2010 4:49pm
    #1
    Fukuyama
    Registered Users, Registered Users 2 Posts: 3,023 ✭✭✭


    Hi All,

    Recently started a new job with Tesco with two other people. Since then, they've hired another three people. We're all still on the probationary period which I THINK means they can literally walk up to you and dismiss you without any reason??

    Anyway, few rumours were going around the other day that they had taken on too many staff and a couple of us will be let go. This was confirmed when one of the new girls was asked to leave. She said no.

    So now it seems that they're gonna start firing people. Can they do that??

    Thanks,
    Dean.


Comments

  • #2
    efb
    Closed Accounts Posts: 35,514 ✭✭✭✭efb


    Dean essentialy they can while you are within your probationary period. (The one main exception is if the staff member is pregnant)


  • #3
    Fukuyama
    Registered Users, Registered Users 2 Posts: 3,023 ✭✭✭Fukuyama


    Nuts...

    Fingers crossed then ay?


  • #4
    longhalloween
    Closed Accounts Posts: 2,207 ✭✭✭longhalloween


    Im pretty sure they can. I dont know how tesco employ people, but if its anything like the rest of retail Ireland, if you're on a probationary period they can just tell you to finish up at the end of the day. For places like tesco who rely on minimum wage, unskilled labour they dont really care about your happiness as theres plenty of people who'll do the job.


    Other tactics I've seen used were cutting your hours down to only 1 day a week, constantly putting you on the undesirable shifts, like friday and saturday nights, then sunday mornings, or just finding some bullsh*t excuse to let you go. Although I have worked for some b*stards in my time.

    AFAIK all this is legal, as you need to work consistently for 1 year before you're eligible to claim unfair dismissal, unless its for reasons of age/race/gender ect.


  • #5
    efb
    Closed Accounts Posts: 35,514 ✭✭✭✭efb


    http://www.citizensinformation.ie/categories/employment/unemployment-and-redundancy/dismissal/unfair_dismissal

    here is the relevant legislation


  • #6
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    efb wrote: »
    Dean essentialy they can while you are within your probationary period. (The one main exception is if the staff member is pregnant)

    Er wrong. A pregnant woman can be let go, just like everyone else, AS LONG AS it can be shown it is not because she is pregnant.

    So, ultimately, if five new staff are let go, as the company is overstaffed, then she can be one of them. As long as it can be shown it was not personal, then it is not unfair dismissal.


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  • #7
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    efb wrote: »
    http://www.citizensinformation.ie/categories/employment/unemployment-and-redundancy/dismissal/unfair_dismissal

    here is the relevant legislation

    That link is a version of this.

    http://www.employmentrights.ie/en/informationforemployees/unfairdismissals/

    I had two inspectors camped in my office last year, checking me.

    They quoted this, so I suppose this is the best reference. It does mention at the start about needing 12 months continuous service.


  • #8
    efb
    Closed Accounts Posts: 35,514 ✭✭✭✭efb


    superscouse wrote: »
    Er wrong. A pregnant woman can be let go, just like everyone else, AS LONG AS it can be shown it is not because she is pregnant.

    So, ultimately, if five new staff are let go, as the company is overstaffed, then she can be one of them. As long as it can be shown it was not personal, then it is not unfair dismissal.

    Try proving it if she ever brought you to the EAT...


  • #9
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    efb wrote: »
    Try proving it if she ever brought you to the EAT...

    Ok. If the last 5 people in were let go, and she was one of them, then thats pretty much all the proof you need. If she was singled out and let go, the employer would be in a legal minefield and would need to have indisputeable proof the girl was unfit for her job, surplus to requirements or negligent.

    Otherwise, the girl could claim victimisation, and probably win.

    If it was any other way, then every woman could cry discrimination and it couldn't be proved any other way.


  • #10
    eth0_
    Registered Users, Registered Users 2 Posts: 10,846 ✭✭✭✭eth0_


    If the employee has only just started in the job then there's no obligation to keep her on JUST because she's pregnant.


  • #11
    wmpdd3
    Registered Users, Registered Users 2 Posts: 9,626 ✭✭✭wmpdd3


    You will always get 1 weeks notice, and the minimum contract in Tesco is 20 hours per week so they won't cut your hours to less than that.


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  • #12
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    wmpdd3 wrote: »
    You will always get 1 weeks notice, and the minimum contract in Tesco is 20 hours per week so they won't cut your hours to less than that.

    Is that in the tesco contract?

    Legally anyone can be let go without notice within 13 weeks of starting unless their contract says different.

    After that, they are due a weeks notice or again, on the spot, but with a payment for the back week.


  • #13
    munstergirl
    Registered Users, Registered Users 2 Posts: 771 ✭✭✭munstergirl


    Unfortunatly any new job can let you go for no reason in 1st 12 weeks.
    They might have to pay weeks notice.
    Keep your head down, put in a good days work, smile, and i'd keep away from gossip, best of luck.


  • #14
    eejoynt
    Registered Users, Registered Users 2 Posts: 264 ✭✭eejoynt


    What is in the staff handbook or union agreement?


  • #15
    testicle
    Closed Accounts Posts: 5,429 ✭✭✭testicle


    Dean0088 wrote: »
    This was confirmed when one of the new girls was asked to leave. She said no.

    On what grounds is she refusing to leave?
    Dean0088 wrote: »
    So now it seems that they're gonna start firing people. Can they do that??

    Yes. In fact, they already have.


  • #16
    wmpdd3
    Registered Users, Registered Users 2 Posts: 9,626 ✭✭✭wmpdd3


    superscouse wrote: »
    Is that in the tesco contract?

    Legally anyone can be let go without notice within 13 weeks of starting unless their contract says different.

    After that, they are due a weeks notice or again, on the spot, but with a payment for the back week.

    Yeah, that's the contract, for a general assistant.


  • #17
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    wmpdd3 wrote: »
    Yeah, that's the contract, for a general assistant.

    Mmmmm. That surprises me. Tesco giving someone a contract with that. So if after a month the person turns out to be a drunk/incompetant/lazy, they have to give them notice ! Seems crazy.


  • #18
    efb
    Closed Accounts Posts: 35,514 ✭✭✭✭efb


    Tis also the law, everyone is entitled to a statement of employment


  • #19
    [Deleted User]
    Posts: 14,344 ✭✭✭✭ [Deleted User]


    Dean0088 wrote: »
    one of the new girls was asked to leave. She said no.


    ... And now she'll probably never work for Tesco again, and i wouldn't say she'll get a reference from them either. Smart girl.


  • #20
    Crow92
    Registered Users, Registered Users 2 Posts: 1,017 ✭✭✭Crow92


    Deleted User wrote: »
    ... And now she'll probably never work for Tesco again, and i wouldn't say she'll get a reference from them either. Smart girl.

    She'll just never work for THAT tesco again ;) and I doubt she cares of the latter.


  • #21
    Mrs OBumble
    Registered Users, Registered Users 2 Posts: 26,361 ✭✭✭✭Mrs OBumble


    superscouse wrote: »
    Mmmmm. That surprises me. Tesco giving someone a contract with that. So if after a month the person turns out to be a drunk/incompetant/lazy, they have to give them notice ! Seems crazy.

    They only have to be given notice (and then only a week) if the problems haven't been noticed in the first 13 weeks. That's quite a long time to be noticing any problems.


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