Friend has lost her job - is this legal?

[madameweasel]

A friend has just been notified that her job has ceased to exist (due to cutbacks because of coronavirus). She was still in her probationary period and her employer has told her she hasn't passed probation, but has also implied that the job role no longer exists (ie this should be a redundancy matter). She has received no notice (presumably on the basis of failure to pass the probationary period) and has been let go with immediate effect. Is this legal?

If she hasn't worked there for 2 years she basically has no rights

She is entitled to notice in most cases. It will probably only be a week though.

So she had been working there for about 3 months? I think it is legal then yes. There would be no redundancy payment for someone who had worked there that little amount of time. Also if they said she didnt pass probation that too could lead to dismissal I think. Although you would hope a good employer would extend it and set some targets to be met?

@zonkin does that apply to furlough though?

But basically if she hasn’t passed probation then she hasn’t passed the probation. If she can categorically prove that that is not the case then she could have a case against them but it would be very difficult to prove really.

I understand that as she hasn't been there long she has few rights, but does that extend to the lack of notice?

If she has worked there for longer than a month then she is entitled to 1 weeks notice.

That's what we thought.

Thanks everyone.

Unless they have dismissed her for not passing probation in which case probably no notice required. They dont sound like a great employer. She might be better off out of it!

She would still be entitled to one week’s notice, even if she was in the probationary period, unless she was dismissed for gross misconduct, which isn’t suggested by the OP.

Yep you're right. I googled it came back to say and phone died! Doh!

They can just pay a weeks notice without her having to work it.