Probationary Period!

[the_123kid]

Hi,

Just woundering if anyone could help me with any advice.

I was recently dismissed by my employer during a probationary hearing after the office manager stated he was not confirming my position with the organisation and sent me to hearing.

However, in the organisation I worked for the probationary period lasts 6 months with a probation review at the 3 month and 5 month mark each requiring a report to be made regarding performance and concerns.

I passed my 3 month probation report with no problems and was praised and then I had my final probation review with my line manager at the 5 month point whereby they stated they were happy with my work and were happy to confirm my appointment with them. We both signed to that effect and he sent the form off to personnel to get my permenant contract sorted.

Almost a month after that, the general manager called me into the office regarding my attendance and stated he was now not confirming my appointment and I had to go to a probationary hearing where I was dismissed despite nearly a month passing and the final probation report stating there was no issues with attendance or conduct.

Could anyone tell me if this is correct procedure, can something be 'unconfirmed' despite both me and my line manager signing the final report? I had not received my new contract from personnel.

Any advice would be great.

Cheers

[grizzleguts]

Hi, the 6 month probation period, is not uncommon, however, without a copy of a employment contract, or other evidence to state, the position was to be made perminant (even then it would be an uphill battle through a tribunial), I am afraid you will probably have to realise you have been played, and put it behind you.

[the_123kid]

many thanks for advice

would a copy of the final probation report not be evidence to prove the position was to be made perminant??

I understand what you are saying its a harsh reality

[Ell-enn]

Hi there, sorry to hear you have had this outcome from your probationary period. Unfortunately probationary periods do give the employer the chance to terminate the employment if there have been any problems during that time. It looks as if your absence was what gave them concern rather than your actual performance and poor attendance will always be a worry to an employer. What was the problem with your attendance?

Kind Regards

Ell-enn

[the_123kid]

Hi, thanks alot.

Does it make no difference then that the final probation report had been completed and signed off as satisfactory nearly a month previous with no issues of attendance mentioned in it?? My line manager confirmed that the contract was to be made perminant.

The issue of attendance came nearly a month later whereby I took time off sick after the death of a grandparent (they phoned be at home and asked if my absence had anything to do with my berevement - i told them yes and they said I did not qualify for paid or unpaid compassionate leave)

Also, could anyone tell me if probationary employees are entitled to a fair hearing prior to dismissal?

many thanks

[Ell-enn]

Hi there, I'm afraid your employer can terminate your employment at any time during the probationary period. They obviously took the view that there might be a potential absence problem in the future. Did you follow their absence policy when you took time off i.e. contacting them on the first day to explain? You could always write to them and ask them to reconsider stating why you think they were unfair in their decision - you can only ask....

Unfortunately as you were employed for less than 12 months you can't claim unfair dismissal, the only avenue would be wrongful dismissal but there would need to have been a breach of contract by the employer to make that claim.

I'm sorry this probably isn't the answer you were hoping for but I do wish you luck in finding alternative employment soon.

Kind Regards

Ell-enn

[the_123kid]

thankyou for your kind advice

I understand that an employer can terminate your employment at any time during the probationary period

What im asking however is, technically was i still in probationary period?
(final report had been signed off and i my work was no longer been fully checked but only spot checked - as though I was no longer a probationer)

Cheers

[Ell-enn]

Hi, I understand the point you're making, but from what you say you would still have been in the probationary period, if only just. However, the probationary period apart, with less than 12 months service the employer can terminate your employment at any time provided they give you the required notice in your contract.

If you need clarification of your position you could ring ACAS (Advisory, Conciliation and Arbitration Service) on their helpline number 08457 47 47 47

As I said, it may be worth asking your employer to reconsider.

Kind Regards

Ell-enn