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Employment Issue, Probation not confirmed

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Tri2000
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Employment Issue, Probation not confirmed

#398651

Postby Tri2000 » March 24th, 2021, 2:14 pm

I started a new job Nov 20, a medium level position in a small, newish company. The employment contract states the probation period is 3 months.

To begin with everything was going well but shortly after Christmas my role was expanded to take on some areas of responsibility outside my experience and to be honest my interest as well. I tried to get on with it as best as possible, I know that small lean companies require flexibility.

In mid-Feb, the boss/business owner set up a review meeting. It was not called a end of probation meeting but we discussed what I had achieved and what still needed to be done. He asked me to write a plan to tackle the jobs which I did. Two weeks ago (3.5 months into job) we reviewed again and he told me that I was not making the business impact he had hoped for. Later he sent me an email with an itemised list of tasks and "do nothing else". From that point all contact with me has stopped, no calls, emails, messages. I have written to him but get no replies. I have not tried calling as I have no enthusiasm to do that.

I am still working (from home, as I have been since January) and managing my team of 4 remotely. I found out this morning that he had reorganised my team without my knowledge. I have also seen an [external] advert for a new position at the company with half my current role mentioned.

I was never told probation was being extended or that I am now a full time employee, so now after 4 months can anyone tell me from a legal perspective if I would be on a 1 week probation-period notice or a standard employment contract one (which is 1 month)? (Useful to know for when the inevitable discussion takes place.)
Can I be forced to use all my accrued holiday as a notice period (if 1 week)?
Anything else I need to consider?

Thanks

didds
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Re: Employment Issue, Probation not confirmed

#398664

Postby didds » March 24th, 2021, 3:34 pm

What does HR say?

didds

chas49
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Re: Employment Issue, Probation not confirmed

#398673

Postby chas49 » March 24th, 2021, 4:13 pm

The statutory notice period for an employeewith less than two years' service is one week, unless a longer period is specified in the written terms of employment or contract. What does that say about notice? If it refers to a probationary period, I would expect it to specify what is different during and after probation.

The ACAS website is a good source of information on all this (https://www.acas.org.uk/)

The CAB page here (https://www.citizensadvice.org.uk/work/ ... dismissal/) has a good explanation about holidays - it depends on how much holiday to have left, but basically the employer can tell you to use it up, but they have to tell you in advance.

Check your contract to see how far in advance your employer should tell you to take holiday. If there’s nothing in your contract, they need to give you at least 2 days’ notice for each day of holiday. For example, if they want you to take 5 days’ holiday, they have to tell you at least 10 days in advance.

AsleepInYorkshire
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Re: Employment Issue, Probation not confirmed

#398679

Postby AsleepInYorkshire » March 24th, 2021, 4:29 pm

Tri2000 wrote:I started a new job Nov 20, a medium level position in a small, newish company. The employment contract states the probation period is 3 months.

To begin with everything was going well but shortly after Christmas my role was expanded to take on some areas of responsibility outside my experience and to be honest my interest as well. I tried to get on with it as best as possible, I know that small lean companies require flexibility.

In mid-Feb, the boss/business owner set up a review meeting. It was not called a end of probation meeting but we discussed what I had achieved and what still needed to be done. He asked me to write a plan to tackle the jobs which I did. Two weeks ago (3.5 months into job) we reviewed again and he told me that I was not making the business impact he had hoped for. Later he sent me an email with an itemised list of tasks and "do nothing else". From that point all contact with me has stopped, no calls, emails, messages. I have written to him but get no replies. I have not tried calling as I have no enthusiasm to do that.

I am still working (from home, as I have been since January) and managing my team of 4 remotely. I found out this morning that he had reorganised my team without my knowledge. I have also seen an [external] advert for a new position at the company with half my current role mentioned.

I was never told probation was being extended or that I am now a full time employee, so now after 4 months can anyone tell me from a legal perspective if I would be on a 1 week probation-period notice or a standard employment contract one (which is 1 month)? (Useful to know for when the inevitable discussion takes place.)
Can I be forced to use all my accrued holiday as a notice period (if 1 week)?
Anything else I need to consider?

Thanks

I think this is probably a little more complicated than most of us sofa solicitors can help with. However, having recently been through something similar I feel bound to speak up. Many employers are prepared to tell you many things in an interview which they will later be unable to remember. And to be given additional responsibilities within your probationary period almost sounds as if the business is making it up as they go along. During this period they should be helping with everything you need to allow you to perform well. If you've been promised a 20te excavator in interview and turn up to be given a rusty old spoon then it's highly likely you aren't going to be able to dig a very large hole.

Their communications don't seem reasonable neither. If you have decided you can't remain I'd suggest you have a chat with them and agree to part. I know there's a small matter of the months pay in lieu. I'd suggest you tell them as far as you're concerned they have by their silence accepted your probationary period is over.

Good luck

AiY

melonfool
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Re: Employment Issue, Probation not confirmed

#402315

Postby melonfool » April 7th, 2021, 2:13 pm

I would be working on the assumption that as the probation was specified as 3m, then that period has passed and you are now on one month's notice.

They would probably contend that an unconfirmed end means there has been no end (but this would almost definitely be seen as unreasonable as it could otherwise go on forever).

It would ultimately come down to the employment contract wording (probation periods having no real definition or function in law) - do you have this? To avoid this exact scenario I now tell employers to write "and this will be confirmed in writing" meaning that if the end of the probation is not confirmed in writing then it hasn't ended.

I would just wait and see what they do to be honest.

Yes, they can ask you to take annual leave but they have to give double the length of the leave as notice to take the leave which would rather negate their reason for doing it if you are only going to be given one week's notice.

Mel


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