robation period

[Gaz74205]

I have a question about my probation period i was hoping smeone could help me with. my probation period was 6 months, extended to 9 months for being late some times and a few sick days. fair enough i thought.

now after 9 months, this was to be signed off and my permanance confirmed. just after this 9 month date, not much, a couple weeks, i was off sick for 9 working days. almost 2 weeks. i had a medical certificate to cover this.

now this is the problem, my team leader at this point had not actually done the paperwork to finish my probationary period. the reason this is important is that during my probationary period i was not entitled to sick pay. after the probationary period, i am contractually entitled to this.

i have just got my payslip and i have not been paid for this time off. is this fair? its not my fault my team leader had not completed this when it should have been. it is being cmpleted, the probationary period is being signed off, i have been told this, though i dont know if this has yet been done.

should i have to suffer this financial loss solely because my team leader was behind in their work and did not fill the paperwork in on time?

[gadgetgirl79]

After the 9 months, did you see the team leader and request a meeting to have the probation period signed off, or did you just leave it up to him to do it?

I'm on a 6 month one, and the day that 6 months is up, I shall be in my boss' office asking for my permanent contract!

[Gaz74205]

i had asked, many times, it also took almost 8 months to confirm the first period was being extended.

" i dont have time" "we'll do it later" "i forgot all about it" etc etc...

common things i heard in relation to this.

[Sidewinder]

I would suggest, as with so many other employment matters, that you should lodge a written grievance stating that you feel a little aggrieved that your probationary period should have ended on [date] and despite reminders on your part this had not been done when you unfortunately were forced to take time off whilst sick. Although you appreciate that paperwork had not been signed off this was through no fault of your own, and you were told that it was a mere formality, and it has resulted in a significant financial loss. A verbal agreement is legally as binding as a written one, but naturally there is a difficulty in proving what was said and when - is your contract specific about company sick pay only being applicable once a probationary period has been signed off, or does it merely say that you are eligible on 'completion' of your probationary period?

Whatever the outcome, for a 9 day absence you should have received 6 days worth of SSP - it isn't much, but at least you would have something for emergency funds. If not, then you need to claim it.

[Gaz74205]

i'm on monthly wages, so its not as if i'm left completely skint by this. the loss of money is only part of the issue, first its just the principle of it really. second, this isnt an isolated incident, more an emerging pattern of what i will here call incompetence, but obviously will be more diplomatic about when i speak to them about this when i get to work this morning. but there are other incidents, like a few members of staff whjoi stil, aprox 4 months later, not received their annual pay rise as "they were missed off a list" thats a direct quote from the manager of my department. they were told it would be sorted, in writing (email) and it still hasnt. when a mate queried this in the last few days, understandably upset upset this had taken so long, that same manager asked "who told you that?" the reply was simple. "you did!"

i should point out this is no small company. this is a worldwide company with over 50,000 staff, a very high profile and £billions in annual turnover.

also while looking into this i have noticed my contract states for working bank holidays i am entitled to, and this is copied directly from my contractual terms -

Public holidays - double time in addition to normal pay

sundays are listed as double time, so i take this as effectively being triple time. i have only ever been paid double time for public holidays, except the last onbe i worked a few months ago which i still have not received more than normal pay for. rest assured this will be brought up today as well. as well as everyone else i worked with informed of this.

back to the probation issue, this is the exact section of my contractual terms.

3.4.2 during your probationary period, you will be eligible for SSP only. If you are sick after succesful completion of your probationary period, you will continue to be paid your basic salary for a maximum aggregate absence of 6 months, followed by 50% for 6 months in a rolling year, less your entitlement (if any) to SSP and any social security benefits recoverable by you (whether or not recovered), at which point company sick pay ceases.

[Gaz74205]

ok folks, bit of an update here. have had a talk with my team leader and HR, and will be getting a formal review to end my (already over in my view) probationary period. and i've been told if it goes well they will see about sorting my sick pay out. not a cast iron gaurentee i'll be getting it, but going better than i would expect at this point.


now. some info that may help some people, and may come in handy for those doing the helping too.

do a search for przybylska v modus telecom

it was a case that came before an EAT (emploment tribunal) she lost. then she appealed, and won.

the meat of it is that a company may have a contractual right to extend a probationary period, but if they do not do so inside of the probationary period, they lose that right. reading the bits and bobs of what were said about it, and the judgement from the judge, transcript available online, will show why and what not, but good to know for all those like me who have had to wait months extra to find it being extended. turns out that they cant do that.