Does constructive dismissal apply during probation period?

[Joanissy]

DH started new job in Dec, with 6 months probation period. During 3 month review he was told he was not performing as well as he should be due to gaps in his knowledge. He was told they were effectively demoting him from management role to team member with a 5k salary reduction. He was then told they were getting rid of the manager role completely and just have three team members overseeing the department (including him).

He 100% disputes the performance review and feels he made clear at his interview that there were gaps in his knowledge and was reassured training would be provided. He requested the training several times but never happened.

Can they do this? Or is it a form of constructive dismissal?

He’s only been there for 5 months so he cannot make a claim for constructive dismissal. Constructive dismissal claims typically require 2 years employment, the only exceptions are if it’s for a reason that is always automatically unfair e.g. for whistleblowing, or for discrimination.

Realistically there’s no argument for constructive dismissal here because if they wanted to sack him then they could, for absolutely any reason really because he’s only been there 5 months.

In a management role he is probably expected to organise the training he needs rather than wait for it to be given. If he wants to
pass his probation (your post kind of suggests he’d rather get a payoff) can he arrange to shadow someone or book a training course or however he expects to fill his knowledge gap/s? This would presumably be the best for his career whether or not it’s with current employer.

The training is organised by senior management and requires 3 days away from his day to day work to do it. It is internal training so to he can only request but cannot organise it. When he has request it he has basically been told they would get around into it.
There is no payoff, it’s either take the demotion or leave. The are effectively removing the role altogether.

Well that's called redundancy isn't it? And he can't argue against that.

Either way, no constructive dismissal under two years' service.

His options are exactly as they are laid out above. Take what is offered or leave.

Or he could take what is offered, look for another job, and then resign once he has one? It is easier to get a job from a job, and he can explain the situation to a new employer as being that the role offered in the current job didn't turn out as expected, which is true.

Yeah he’s got no come back either way. They can call it redundancy and let him go with no pay after only 5 months, and there’s no claim for constructive dismissal after only 5 months either.

The reality is OP that after 5 months he has no rights anyway really, if they wanted rid of him they could just sack him tomorrow.

Thanks for all the replies, we kind of assumed as much but hoped because he had been honest in his interview and they reassured him they would give training he might have some grounds to go back with.

Unfortunately not OP, it is rubbish but his options are take the position or leave. If it was me, depending on what the work environment is like & how much you need the money, I’d take the role offered but start applying for other jobs. X

Oh sounds line an awful place to work!
In my previous role they kept on extending my probation with no real pathway as to how to pass it. Very weird. One woman had been on probation for nearly 2 years! Nightmare.