Alternative position offered during unsuccessful probabtion - less paid

[Analiss]

Hi,

My company employed a receptionist in June and her contract said: "The Employee's salary is £20k per annum. Upon successful completion of probabtion period the employee's salary will be raised to £24k."

Her probation period expires soon and we are not happy with her, but would continue to hire her on limited tasks. However we believe that she does not deserve her increased in salary of £24k.

We are wondering how to hire her on a similar type of job, but not incerase her salary to £24k. One colleague mentioned firing her, and hiring her with another contract the next day. I think this is too "doddgy". I suggest explaining to her that we do not believe that she "succesfully" completed her probation period, however we would continue to hire her at £20k and would not increase her work load, as we originally planned.

Any advice on how to to keep her and not increase her salary depsite her contract would be helpful.

Thank you.

[teaboy2]

Re: Alternative position offered during unsuccessful probabtion - less paid

So she would still being doing the same work load as she was doing during her probationary period, yet your not satisfied she has past probationary period doing said work load, but are happy for her to continue as an employee on condition said work load isn't increased and for just 20K per year instead of it being increased to 24K.

Sorry but if shes on probationary period then why wasn't she given a full work load after completing training?

What is yours and your colleagues position in the company? Are you responsible for making such decisions in regards to employing/dismissing staff and determining if they have performed satisfactory during probationary period!

What are you reasons for believing she has failed during probationary period?

What difference in work load is there if she had completed the probationary period successfully, and why wasn't she given the full work load in the first case, given the probation period is not just for the employer to access her ability to complete the task to reasonable and acceptable standard, but also for the employee to determine whether the role is actually for her!

The problem you have here is your saying your not happy with her, but are happy for her to remain in same role carrying out the same limited workload she had to complete in probationary period - Effectively saying her work is acceptable and to good standard, which means she has actually successfully completed probationary period. So your saying one thing (failed probation), but then also saying the complete opposite at the same time (was successful in probationary period)!

So what is the real reason your not happy with her and do not want to pay her 24K - Bearing in mind, that you are contractually obligated to increase her pay, and she is very unlikely to agree to a variation of terms in her contract, and shes is unlikely to want to work for you if you dismiss her and then re-employ her in the same role but without the pay increase. Such action would likely be a breach of contract and she could take you to the small claims court to claim the extra 4K (or loss of potential earnings) - Yes she can't go to tribunal, but theres nothing stopping her taking a breach of contract claim to small claims court, though its unlikely, but if she is intelligent and/or aware of her rights, its a potentially real risk it could happen.

Just give her the extra 4K and increase her workload, if your then not satisfied with her performance under the increased workload, follow the performance review route, with a review each month. But do not start it till the beginning of next year as you would need to allow her time to adjust to the new workload. Then as part of the performance review if no improvement after another 6 months, then suggest reducing her workload and her salary to her and see what she says! - If she agrees to save her job, then great. But if she refuses then you can dismiss her due to poor performance!

[Trev1234]

Re: Alternative position offered during unsuccessful probabtion - less paid

You're gold TB!

[teaboy2]

Re: Alternative position offered during unsuccessful probabtion - less paid

Thank your @Trev1234

Another alternative, if she agrees, is to extend her probationary period another 3 months - But this time, give her the full workload! That way you will not have to increase her pay for another 3 months, but you will also get to see if she is capable of doing the full workload to acceptable standards or not, and do not base your opinion of her on personal opinion (though i am not suggesting you are) but keep it based on purely on her ability to perform her duties (including workload) to acceptable standards! Then if after at the end of the extended probationary period, your still not happy, then tell her and either let her go or offer her a new position with less work load and give her a variation of terms notice that includes details as to changes of her contractual duties and salary etc to reflex new role!