unfair dismissal

[peepee]

hi, i would like to know whether this classes as unfair dismissal or discrimination- i have been working for a company for the last four weeks - the initial training- i have worked there before so its not hard for me - however one of the new guys whom i got to know found it a bit hard- but made it to the exam at the end we have three exams that we have to pass with a pass mark of 85% what happened is he passed the first two sections- and was not told to resit unlike other people- the next day the third test which was oral - he solved the problem but was found it a bit tough- afterwards he was told to do the second test again - having no notes and feeling a bit shocked he redid the paper - a completely different paper - protocol is to do the same paper again- in whihc he scored 81/83 %just falling short- he was then told he had also failed the oral and that the company where dismissing him- he had no chance of resubmission and was not even shown the previous so called failed papers. in comparison a staff member who had been working there for a year or 2 who was redoing the training do to upgrade in role failed all three tests but was allowed to resit- what was more horrendous was another newby who went awol while he should have been waiting for the exam was disciplined but not dismissed when this was a dismissable offence- what should the chap who has been dismissed do thanks for any help- sorry its so long

[Sylday]

To make a claim for unfair dismissal on general grounds, you need to have been employed for 6 months; but claims based on sex and race discrimination can be made from Day 1. Though it isn't clear from you say, I assume your friend had not worked at the company for 6 months, so he wouldn't have a claim on general grounds. To claim on grounds of sex or race discrimination, he would have to show that a woman, or someone of a different racial group, had been treated more favourably than him. There would also need to be some evidence that this favourable treatment was due to this sex/race difference, rather than some other cause. If he really wants to take the matter further, he should seek advice from a Citzens Advice Bureau.