Can they do this?

I was working for a company and my daughter became ill during my 3 month probationary period. I had 5 days' holiday due during this tmie, and I had to use this to be with my daughter (who was in and out of hosptial)

Initially HR Officer said 3 days would have to be put down as parental, but later that day called me in for a review and basically told me I was unreliable due to absences (those holidays) because of my ill daughter.

I was given a weeks' notice but am really angry about it. I didn't think ther ewas anything I could do (it was back in December I was let go)..

Can I sue them for wrongful dismissal?

Hi Maz,

The flippant answer to your initial qestion is that an employer can do what they like if they have deep enough pockets.

A case for wrongful dimsissal is appropriate where a comapny has failed to give you appropriate notice and this does not appear to have happened (although you do not say if you were entitled to more notice under your contract).

In your case, if the main or principal reason for dismissal was your taking time off to care for a dependant or for trying to have parental leave then your dismissal was automatically unfair, regardless of your length of service.  This means that you could have pursued your claim through the empoyment tribunal.

However, a claim of this type should be lodged with the tribunal within 3 months of the date you were dismissed.  If you are outside of that time you need a very good reason for the tribunal to accept a late application and in my experience ignorance of your rights will not in itself be enough.

Hope this helps.

Dave

This is a very tricky situation.

The probationary period is often used like this, I take it that you were on a one week notice period for your probationary? When you were dismissed did the letter of dismissal offered you the opportunity to appeal the decision?

While are possibly out of the time scale it may be work seeking advise from ACAS or your local Citizens Advice Centre.

Regards