Probationary period at work

[honeytruffle]

If a work policy states that a new starter is given a 6 month probation period which can be extended by a further 3 months but then after the 9 months an employee must either be classed as passing the probation or they must be let off; then what should I do when my employer has just continued extending it with what feels like very little reason and I have now worked there 11 months?

[labman]

Re: Probationary period at work

Hi, and welcome to Legal Beagles.

We have a few knowledgeable employment people here, but one link you always see cropping up for really good quality advice and support is ACAS. It's free, it's confidential and it's good. It might be worth giving them a call:

http://www.acas.org.uk/index.aspx?articleid=1461

:beagle:

[charitynjw]

Re: Probationary period at work

Hi honeytruffle & welcome to Legal Beagles.

A probationary period doesn't really mean much, as you don't get full employment rights until you have been employed for 2 years (if commencing work after 6th April 2012).

Many rights are in place from day 1, though.

For an overview, see -

http://www.acas.org.uk/index.aspx?articleid=3933

http://www.adviceguide.org.uk/wales/...employment.htm
Probationary periods

It is common for employers to treat new employees as being in a ‘probationary’ period when they first start work. The employer may then argue that you can be dismissed while you are in this probationary period with no warning (notice). Employers also often argue that employees do not have usual employment rights to, for example, pay or holidays, during this ‘probationary’ period.
There is no such thing in law as a ‘probationary’ period. Once you have started work, the number of weeks you have worked begin on the day you start, not from some time when a ‘probationary’ period is over. Your full contractual rights also start from the first day of work, unless your contract says otherwise.
Your contract could, however, contain terms which only apply during your probationary period and which are less favourable than those which apply when your probationary period has ended. These terms must not take away your statutory rights.
Your employer can extend your probationary period, as long as your contract says they can do this. For example, your employer may want to extend your probationary period in order to have more time to assess your performance. However, they can only do this if your contract has a term which says your probationary period can be extended under these circumstances.

[enquirer]

Re: Probationary period at work

If a work policy states that a new starter is given a 6 month probation period which can be extended by a further 3 months but then after the 9 months an employee must either be classed as passing the probation or they must be let off ...

What does 'let off' mean?
What does the actual contract of employment say?

... then what should I do when my employer has just continued extending it with what feels like very little reason and I have now worked there 11 months?

They are probably thinking that if they keep you on probation then they can fire you at any time, the excuse being that your performance was inadequate.

[FlamingParrot]

Re: Probationary period at work

What does 'let off' mean?
What does the actual contract of employment say?

They are probably thinking that if they keep you on probation then they can fire you at any time, the excuse being that your performance was inadequate.

This isn't really the case, as Charity noted above, your employment starts from your first day, not the end of the probationary period. However, these days you need two years continuous employment to have the right to claim unfair dismissal so it wouldn't make much difference from that perspective. The main thing about probationary periods relates to the notice period. Employers may also offer a lower salary during probation and some have been known to extend probation as a way to keep employees on this lower pay.

[charitynjw]

Re: Probationary period at work

You should have received by now a written statement of employment particulars which should cover pay, holidays etc.

Does it give you any indicators re the probationary period?

If not, what do your colleagues say about the usual practice?

[honeytruffle]

Re: Probationary period at work

You should have received by now a written statement of employment particulars which should cover pay, holidays etc.

Does it give you any indicators re the probationary period?

If not, what do your colleagues say about the usual practice?

I have been told that once I have been there six months I must give them a months notice to leave but they need only give me a week.

The sentence I quoted earlier was a condensed version of how it appears in the policy. My contract does not mention how long a probationary period can be, just that it can be extended. However I would imagine that the length indicated in the policy would cover this.

In terms of colleagues, where I work is a very cliquey place with employees in the managers 'clique' getting away with murder whilst others- those not in the clique and newer people like myself, being constantly pulled up for ridiculously tiny supposed misdemeanours.
I have complained about certain staffs attitude to myself and the way the manager wrote it up just made me apear in the wrong.

I am concerned that this continual extension is purely because she doesn't like me. I was told on appointment of the job I needed an NVQ or be willing to complete it through them. I said of course I would do it but now they have said theg wont pay for it as I have a masters and therefore they wont be able to apply to the government for money. Their reason is, in case I leave the job and they will have wasted their money.

So I have had very little training and yet on my performance reviews I am told off for supposedly not understanding the job.

I just do not understand how they can get away with this and I haven't confronted her for fear of getting a shoddy reference when I do (hopefully) find something else.

[enquirer]

Re: Probationary period at work

This isn't really the case ...

True - but that won't stop unscrupulous managers from trying it on. I have myself come across the 'infinately-extended-then-fire-you-on-the-excuse-that-you're-no-good-probation-trick' in operation.

NHS managers are well known for it.

[charitynjw]

Re: Probationary period at work

I have been told that once I have been there six months I must give them a months notice to leave but they need only give me a week.

The sentence I quoted earlier was a condensed version of how it appears in the policy. My contract does not mention how long a probationary period can be, just that it can be extended. However I would imagine that the length indicated in the policy would cover this.
If this is affecting your earning potential, 'they' can't get away with it indefinitely.
Is there anything in the contract which expresses/implies otherwise?

In terms of colleagues, where I work is a very cliquey place with employees in the managers 'clique' getting away with murder whilst others- those not in the clique and newer people like myself, being constantly pulled up for ridiculously tiny supposed misdemeanours.
I have complained about certain staffs attitude to myself and the way the manager wrote it up just made me apear in the wrong.
Was this in the form of an official grievance?
If so, did 'they' reply in writing?
Who dealt with it?

I am concerned that this continual extension is purely because she doesn't like me. I was told on appointment of the job I needed an NVQ or be willing to complete it through them. I said of course I would do it but now they have said theg wont pay for it as I have a masters and therefore they wont be able to apply to the government for money. Their reason is, in case I leave the job and they will have wasted their money.
'They' have chosen to employ you, & therefore are contractually obliged to undertake any promises they have made, both pre- & post-engagement.
'They' cannot now say that you are overqualified, or that your qualifications affect their ability to reclaim training costs; 'they' should have thought about this before employing you.

So I have had very little training and yet on my performance reviews I am told off for supposedly not understanding the job.
'They' are responsible for ensuring you have the adequate training needed for the job; 'they' cannot criticize you for failing to perform adequately without first ensuring that you have been reasonably trained.

I just do not understand how they can get away with this and I haven't confronted her for fear of getting a shoddy reference when I do (hopefully) find something else.
References nowadays tend to be fairly neutral, especially where there has been a conflict situation.
A bad reference, if untrue or unfair, could give rise to litigation.

....