Probation Periods

[perch111]

Hello,

I would like some advice please on my current employment situation.

In May this year I left my previous business where I have functioned for 10 years to commence in a senior management role within a much smaller supplier operating at their Head Office

The terms of my contract consisted of 3 months probation commencing 21st May 2012. Unfortunately my father passed away on the 7th July and I spent 5 working days on compassionate leave. Following this my line manager took vacation amounting in total to three weeks.

 

Upon her return to the business in August I enquired about my contract as the 21st August was fast approaching. The conversation was buoyant, positive and in no way contained any negativity that would challenge my perception of my future in the business.

 

My line manager advised that given the level of absence from the business from us both she would like to extend my probation period by a further month to the 21st September – she advised she would confirm this by email – this email was never received, however, I verbally accepted – what choice did I have ?

 

Since the 21st August t the situation has changed rather – the CEO of the business to whom my line manager directly reports visits the UK on a monthly basis – three weeks ago the visit was charged with a vindictive verbal approach to all 14 UK staff, followed by blatant sexist language, behaviour and sexual gestures to the female members of staff.

 

The day following this a meet up with the CEO, myself and three members of my staff before a meeting with a customer contained this time not only sexist comments but direct racist references, language and “ humour” witnessed by all present.

 

This upset be greatly and I mentioned my reaction on this to my line manager. Since that day the atmosphere has shifted significantly – my contract has not been discussed, several people have commented that probation periods are for the choice of the individual not just the business itself plus there have been comments of “ things are different here”. Several emails have been copied I assume in error to myself from the CEO describing to my line manager to get rid of me and replace me with two people he knows.

 

Anyway I have pushed for a review of my contract Monday 17th September where my gut feeling is my probation period will once again be proposed to be extended or terminated altogether – where do I stand on this ? am I completely powerless due to the probation period still in operation ? due to an email not being received from my line manager can my probation period be extended verbally ? given the nature of the reasoning behind my questioning of the core ethics of the business does this impact on anything ?

 

Any advise would be gratefully received

 

 

 

Many thanks

[becky2585]

Probationary periods are almost meaningless in law. Given that you started in May of this year, you are effectively "on probation" for the first two years!

 

Did you raise a formal complaint about the sexist language etc with your employer? If so, and you are subsequently dismissed (or have your probationary period extended) I suppose you could argue that this was an act of victimisation for raising valid concerns.

[san_d]

Probationary periods are almost meaningless in law. Given that you started in May of this year, you are effectively "on probation" for the first two years!

For the benefit not only of the OP, can you elaborate on this?

[becky2585]

For the benefit not only of the OP, can you elaborate on this?

 

Sure - if you were employed after 6 April 2012, you need 24 months service to qualify for unfair dismiss rights. So for the first two years, employers can now dismiss without following a procedure for any reason which isnt discriminatory or automatically unfair.

[Sidewinder]

Basically - to add to Becky's explanation, an employer can just 'let you go' for no reason other than that they don't like you, even if your work is satisfactory, and without following any procedure whatsoever within the first two years of employment. Whilst such a dismissal would undoubtedly be 'unfair', the law does not allow the employee to take the case to a tribunal unless the dismissal was linked to race, age, sex, religion, sexual orientation etc - or a number of other protected characteristics.

 

An employer doesn't therefore need a 'Probationary Period' as an excuse to dismiss an employee, but in having one this simply justifies any such dismissal.

[Pusillanimous]

Probationary period works both ways - do you really want a permanent job in such an awful place, anway?

[san_d]

Probationary period works both ways - do you really want a permanent job in such an awful place, anway?

It's not up to you to want it, there is no such a thing as a permanent job any more.