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Probation challenges

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  • Probation challenges

    Hi all,

    I've got an odd situation.

    I've started a new job in November with 6 months probation. My work turned out to be different from what I originally applied - I was supposed to be contributing to the software update as part of the role but I found out that this plan is only 'in progress' and is that way for years. I felt tricked and disappointed, so I gently enquired a few times, managers brushed it off nicely and everybody pretended to forget it.

    My duties were outlined in the CV with the regular clause for any other work.
    When I was working on my actual stuff, the CEO figured I can take on another full/part time job which I never have done before and I never was keen on it. I expressed my dissatisfaction with the additional stuff stating that my actual job will suffer because it is a big workload on top. I expressed it several times during the employment. Again, it was laughed off, brushed off, I was told I will manage.

    Management were asking me how I am getting on but it was never in writing, I never received any negative feedback and all was good, although I did not enjoy the job as it wasn't what I signed up for and they again piled more admin stuff on me, although my title is coordinator and that stuff wasn't part of the job.
    3 months pass by and I let them know that I would like to apply for another opening which seemed like a nice opportunity. Straight after I did that, my manager's manager (COO) changed her behaviour with me completely, turned distant and I felt something was wrong.
    After that my line manager was emailing me rather than chatting on slack (per usual) and cc'd the COO into everything and seemed to look for all possible errors. Then I realised I am targeted which is an absolute personal vendetta. COO told she was aware I want another role but this role is crucial blah blah (monotonous lecture).

    Another month passed by I am awfully busy, my stress levels are through the roof but I thought I need to grow up so I persevered and did not mention anything.
    Suddenly, on Wednesday COO wrote a massive email about my errors starting from January (I wasn't even aware those were priorities as nobody was particularly interested in enlightening about priorities). When I told what I am doing it was 'ok great' to everything. I took Thursday off sick to reflect what this means.
    On Friday 3 of us (line manager, COO and me) had a meeting which resulted in a quite hostile exchange, where they blamed me and I blamed them for no support and listed everything I was unhappy about. I was blamed I didn't communicate what I was doing or that my workload was too big and tasks slip through the net, which somewhat my line manager couldn't pick up. I did inform them at least trice though, that I extremely busy and I need tasks to be taken off me. We agreed I'm taking a week off to recharge and it settled down. Later that day COO terminated my employment due to other members of staff(?) feeling it's not working.

    My questions:
    1. I did not see and there were no written probation reviews until 4 month mark. I wasn't informed Friday is a review, again no written info on that. Suddenly my performance is lacking out of nowhere. There was no procedure and no notes, everything is based on verbal exchanges and talks on the whim. Can it be claimed as a wrongful termination due to not following the procedure even though it is still probation?
    2. The sudden change in email with CC on everything - can it be a case of harassment/intimidation?
    3. The meeting itself which I recorded was extremely rude and CEO was on with blames barely letting me talk. I blamed both of them not being interested in making me succeed from the beginning due to lack of support, interest and delayed training.
    3. I did tell them my mental health is not great in the last meeting and then they terminated the contract in the end of the day blaming my low performance- can it be a ground for discrimination or health/safety stuff?

    It's all in the UK.
    I do however admit there may have been issues with my way of communication as well which could have been better but it doesn't mean that as soon as I say I want adjustments I have to be let go. It did feel toxic in the beginning but silly me with my benefit of the doubt.

    Sorry for the long post and my English, it's not my first language.

    Thanks.

    Tags: None

  • #2
    Unfortunately without 2 years service then an employer can terminate your employment without it being considered an unfair dismissal unless it is covered by a small number of criteria that from what you have said would not apply or some form of discrimination.

    In answer to your questions:

    1. Although it is considered good practice to follow a process since you have less than two services, there is no legal requirement to follow a process. however if the company believed that you would meet the limited criteria for an automatic unfair dismissal claim, then they should have followed a process to make sure their decision could not be challenged.

    2. This would be very difficult to prove and since you do not have the length of service you could not really make a claim out of this.

    3. Again, other an potentally poor mangement, there is nothing that you could make a claim for.

    4. If you are asking whether your point 3 (4) "I did tell them my mental health is not great in the last meeting and then they terminated the contract in the end of the day blaming my low performance- can be a ground for discrimination or health/safety stuff?" would count as disability discrimination then you would need to prove that your mental health condition came under the defintiion as set out in the Equality Act 2010. The defintion is that the individual must have a physical or mental impairment that has a subantial effect on their normal day-to-day activities and this is long term i.e. 12 months or longer. If you cannot prove this then again there would be not basis upon which you could make a claim.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    You are braver than you believe, smarter than you think and stronger than you seem.



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    Comment


    • #3
      Thanks so much for your insight, it is a shame I can't make their life more miserable though.
      I am going to the GP tomorrow as this whole thing did mess me up and I do think I need therapy. Do you think claiming personal injury would be a good idea?
      Last edited by Eowyn; 13th March 2022, 12:25:PM.

      Comment


      • #4
        I am not a personal injury specialist, however I very much doubt it.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

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