Probation Dismissal with Procedural Irregularities - Advice Needed

[sophielong]

I was dismissed during probation from a local authority role. Following dismissal, I have submitted an appeal, a grievance, and a sexual harassment disclosure. I am seeking neutral advice on whether the issues I’ve raised amount to procedural unfairness, harassment, or potential grounds for compensation or reinstatement.

1. Probation Management Issues

A. Inconsistent and Contradictory Feedback

• When xxx told me my work was “unsatisfactory,” I asked for specific examples. Instead of examples, he sent me my job description, which did not clarify what was wrong or what needed improvement.
• When I followed procedure, I was told I “couldn’t think for myself.”
• When I used initiative, I was told I should have followed procedure.
• This made it difficult to understand expectations or how to meet them.

B. Lack of Structured Support

• No performance improvement plan or SMART objectives were put in place.
• Feedback was inconsistent and often retrospective.
• Occupational Health was agreed twice but never carried out, despite known personal circumstances (three bereavements and a parent’s illness).

C. Escalation Without Discussion

• xxx escalated concerns about me without addressing them directly first.
• He kept a spreadsheet monitoring my behaviour and interactions.

D. The 48‑Page Report

• Shortly before the probation hearing, xxx produced a 50‑page report detailing alleged concerns.
• The report contained extensive narrative commentary, emotional leakage, retrospective criticisms, and material that had not been raised with me previously.
• The volume and nature of the report appeared disproportionate for a probation review and contributed to concerns about bias, predetermination, and lack of objectivity.

2. Probation Hearing Conducted by xxx

• The hearing was chaired by xxx, who relied heavily on xxx 48‑page report and his verbal account.
• The adjournment was brief and did not appear to involve meaningful deliberation.
• No alternative options (extension, support plan, OH referral, mediation) were considered.
• It felt like a kangaroo court.
• I was given incorrect appeal instructions.

This raises concerns about procedural fairness and predetermination.

3. Conflict of Interest / Breakdown in Relationship

• The working relationship with xxx had broken down.
• His monitoring spreadsheet, contradictory feedback, and the 48‑page report contributed to this.
• I believe the dismissal was predetermined.

4. Sexual Harassment Disclosure

• In February, during a meandering phone call, xxx made inappropriate sexual comments, including references to anonymous sexual encounters in public places.
• I did not invite or participate in any sexualised conversation.
• I cannot recall the exact segue into the inappropriate content due to the informal and rambling nature of the call.
• I attempted to raise concerns with xxx on 5 March but did not feel safe making a formal disclosure at that time.
• I disclosed fully only after dismissal, when the fear of retaliation was removed.

This constitutes a sexual harassment allegation involving a manager.

5. Grievance Status

• HR has said they are seeking legal advice.
• They may need to investigate the grievance before the appeal because the issues overlap.
• xxx has been removed from communications because she may need to be interviewed as a witness.
• This indicates the employer recognises the seriousness of the issues raised.

6. What I Am Seeking Advice On


I am looking for neutral guidance on:

• Whether the dismissal process was procedurally fair.
• Whether the contradictory feedback and lack of clear expectations amount to unfair management.
• Whether the failure to carry out Occupational Health referrals breaches duty of care.
• Whether the 48‑page report indicates bias or predetermination.
• Whether the harassment disclosure is likely to be considered credible given the timing.
• Whether the employer’s handling breaches policy or ACAS guidance.
• Whether compensation or reinstatement is realistic.
• How best to navigate the grievance and appeal.

[ULA]

The main issue is that you have less than 2 years service so you cannot claim unfair dismissal, however they may be some points that may be an issue for your ex-employer.

In respect of the questions you raised, my responses are as follows:

1. On their own the procedural issues do not amount to any legal claim.
2. Again unfair management is not a legal claim.
3. What was looking to be achieved by an OH referral?
4. Was there a contractual right to a probationary hearing?
5. You claim the sexual harassment took place in February when was your employment terminated and when did you raise this as a formal grievance?
6. In terms of the dismissal during a probationary period, unless there were any contractual requirements, to following a process to terminate in this period then the answer is no.
7. The question to ask is would you want really want reinstatement? Potentially you many have room to negotiate a settlement but I would need to have the answers to some of the above questions to be able to advise further.
8. I am not sure they do overlap. Your appeal is I presume against your dismissal, and the grievance you have raised is in respect of the phone all in February.