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  1. Hi all, question for the HR experts... I've ended my probation period with a large, benevolent organisation - the manager has sent me a formal invitation to a Performance Review meeting, in which he's explicitly stated that "Failure to meet company standards could result in termination.." etc, as well as reeling off a list of concerns. He also gave a couple of weeks notice of the meeting. So from an HR perspective he followed the Perf Review template exactly. Now, I've had a search around and haven't found any instances of people having formal invitations, AND HR were present, AND not being terminated. The letter makes no mention of performance improvements/plans etc. I've done nothing that you could call gross misconduct (or any misconduct), and oddly enough, I've fulfilled all bar one of my probation objectives (and the one I didn't, I've not had opportunity to). Two questions: 1) As HR will be there, and he's fulfilled all the legal/best practices for a termination, are such meetings typically just a formality for termination? 2) Probation objectives - this is confusing me, as I said above I fulfilled nearly all of them. Typically wouldn't most large organisations, in the above circumstances, simply extend the probation period with a demand the employee address and rectify the concerns raised? Thanks all !
  2. Recently employed on a three month probation contract in an industry I had not previously worked in. My employer recruited me based upon my skills and achievements at a far larger organisation with the intention of modernising their working practices. On my first day of working I had my role & responsibilities but received no targets, objectives, training or guidance and was told "off you go". Due to the small size and skills of the workforce obtaining information became difficult but I managed to understand the business set-up and started collating information, completed any tasks assigned and even sourced potential new business from a former employer. My manager has now decided with 3 weeks to go that "I am not a fit for their business as they work a different way to what I am used to " (they were pretty backward) I actually feel aggrieved at this decision as: - I had two monthly reviews where my performance or lack off was not discussed. - The reviews were at short notice (I had prepared from experience),not documented and new objectives not set. - Information & improvements submitted had not been read by other employees even after prompting. - The manager had been made aware that I could not tie down the necessary employees to get information,yet nothing happened - All tasks that were assigned were completed or in progress within timescales. - My termination meeting was again at short notice and out of the blue as I had no indication I was not performing. - The "not fit" reason was very weak and when I enquired in which areas they would not discuss it. I believe throughout that they have acted below what I would expect from a company and to dismiss me without following employment guidelines is very poor. Acas have been consulted and they agree that guidelines have not been followed and suggest that I follow procedure and appeal. Has anyone else experienced anything similar and what was the outcome? I would not want to work for this company again but they have left me at short notice with no income at the end of this month. If I knew I was under performing I would have tried to address this or look for another position.
  3. Hello i was recently let go from my position as an ICT technician, a role which i have done succesfully for the last 17 years. I started the new job in June this year, leaving a job which i loved but wasnt well payed. At the end of August i was called into head office for a meeting about my 3 month probabtion which was coming to an end. In the meeting i was told that i had not performed as well as they had hope and would not be continuing to employ me and that he was taking advice from an external company (who incidentally were coming in and starting to look after the IT at the start of September) Now i found this quite unbelievable, as ive said ive been in this line of work for 17 years and never had any complaints about my work. and have several references to back this up. To me it stinks of a set up as the last 3 month have been the busiest in the companys year and i was taken on to cover these months with no intention of the role becoming permanent at the end of the 3 months. I have proof that in my 3 months with the company things on the IT side have improved considerably. Im just looking for any advice or recomendations on what my best course of action would be, i have already spoken to ACAS and the told me that i cannot take my former employers to tribunal as i was only there 3 months. Any advice would be greatly appreciated.
  4. Hi I really hope someone can advise me because I am so worried and stressed out. I have worked for a company for 4 years, but for the first 3 years with an in house agency, and almost a year ago I was given a contract, with 2 YEARS probation period. Which is apparently standard for this company. I was off sick in Oct last year due to flu. I am off sick again now due to severe stomach problems that I would rather not go into but my doctor has signed me off work for 2 weeks. I am on annual leave at the beginning of next week for 2 weeks. All being well I am due to go back to work on the 29th April. I have had no contact from my employer only from a manager/"friend" through facebook who has messaged me several times now saying I need to contact work because they want to arrange a site visit. Pretty common I think when there is extended period of absence. Apparently they don't have my number, which I find highly unlikely, and they have my work email which they know I can access from home. I have tried calling our attendance manager on 4 occasions over the last 2 days but there is no answer and you can't leave a message. I have a horrible feeling they want me in before my annual leave starts, so they can sack me, meaning they wont be obliged to pay me 2 weeks holiday pay? I also earn a bonus, can they with hold this? Should I be contacted through unofficial channels such as facebook? Do I have to attend a site visit? And ultimately, can they sack me? Thanks Ash
  5. Hi All, I work full time I recently finished my probation period. My line manager is inept and did not carry out any probation meetings at all, even though company policy states they must carry out 3 meetings, at certain weeks during the 26 weeks' period. I wasn't asked to complete or sign any forms. The manager didn't complete any forms, though he was supposed to, supposed to sign them, get me to sign them, get the senior manager to sign them, and send them to HR. The manager didn't carry out an induction or any training with me, and I haven't completed or signed an induction sheet or training sheet. Company policy states that as soon as the probation period has ended, the line manager must give me a letter stating that my pp has ended satisfactorily. I asked my line manager for this and he stated that he is going to speak to his line manager to extend my probation period as he never carried out any meetings. I am being advised by the union and they have already stated that they will back me all the way if the company do this. (It's a big union.) Anybody come across this before? AA
  6. I have a query about probation periods. I started employment 10 month ago and was told the first 6 months are my probation period then I have to get signed off. I have still not had letter of confirmation that I have been signed off. Contacted HR and they said that they are waiting on signed probation form from my boss before I can access company benefits etc. My boss has contacted me once over this but did not reply to my email about a meeting. Where do i legally stand in this case? HR said there was no black marks against my name and no reason I should have failed my probation period. Also because I have past my first 6 month I should be fine. Can anyone give me any info?
  7. Hi I am having an issue with my current employer, I have received a letter inviting me to a meeting to assess whether my probation period is going to be terminated or extended on the basis of sales targets that have not been met . This meeting is to take place AFTER my probation period has ended? Can they do this, does this not mean that the probation period has ended and they therefore have to give me 4 weeks notice and can no longer extend the period? My contract says that they can extend my probation period but nowhere does it mention meeting any sales targets? Thanks for your help!
  8. Hi all! I have an employment issue I would need some advice on. I am an experienced architect in London. Several weeks ago I was approached by an recruitment agency on behalf of a small developer in North London who was looking for a senior technical architect. Since I was not happy with my employment at that time I agreed to an interview with the developer. The interview went very well and after one week the developer wanted to meet me again for a second interview. The next day the recruitment agent on behalf of the developer made me an offer with a very attractive pay package and 3 month probation time which i accepted. Consequently I gave my then employer notice in accordance with my contractual notice period. In the weeks to the start of my new position on 28/10/2014 the recruitment agent chased the developer for a contract, which they said they would give to me on the start date, which is quite common in the architectural sector. However the day I took up my new position at the developer the contract was not issued to me. I ask the creative director, who had interviewed and hired me, for the contract and she informed that they normally only set up a contract after the probation time. I was not happy about this at all as you can imagine. However during my first week at their offices it became apparent that there was a fundamental discrepancy between role they had hired me for and role I was actually assigned to. This lead to some disagreement between me and the the creative director regarding the work I was supposed to do. On the end of Tuesday 04/11/2014 the creative director called me into a one on one meeting which I was lead to believe was related to a project I was working on. Without any prior warning she then told me that she does not want me to come back the next day because she thinks I would lack the 'passion' for their work. I was utterly stunned by her announcement but agreed to leave after she confirmed that I will be paid for the 6 days I had worked for them. I must admit that I feel a bit embarrassed about the whole situation and the way I let them treat me. From what I have read on-line they way they dealt with the situation would count as unfair dismissal. I also believe that even without a contract I should be entitled to some kind of notice period. I am now concerned that they might not pay me at all since one week passed already and I have not heard from them. Therefore I would appreciate your advice on what legal procedures there are, if any, to make them pay me for the 6 days I worked for them. Kind regards,
  9. hello everyone. I started a new job a few months ago (service technician). my contract states that I must repay all costs of training including any wages paid and expenses. the first three months were a trial/ probationary period. on my fist week they asked me if I would like to go on a manufacturer specific 3 day course. I said (I have the email) that this course would not be of any benefit to the company and I didn't want to do it. they said they wanted me to do it so I did. anyway within the three month period I decided to leave as I didn't like the job. my notice period was 1 month but the boss asked me to work longer and and also train up another engineer before I leave. I worked 6 weeks notice. now that I have gotten my pay check they have deducted 850pounds for training costs. (cost of course plus wages plus hostel plus expences) can anyone please inform me if they are correct in taking this money. despite the fact that it was a course I didn't want to do isn't it true that on probationary period that no obligations apply? any help I would really appreciate. thank you.
  10. A friend has been told if he doesn't his a sales target by tomorrow, he will be sack. Was said verbally in one-to-one meeting with his manager. He started in mid December on 3 months probation, then moved roles (a promotion but no new contract) and had his probation extended to 6 months in total. He has now been there 6 1/2 months but hasn't passed probation. According to contract, probation is up to a maximum of 6 months. If/when he is sacked on Friday, is in one week's pay (as per probation) or 1 month due to being there past maximum probation period? Thanks
  11. hi all, i've been at my current work just over since months now, when i started i was on a 3 month probation period with a possibility to increase to 6 months. towards the end of the 3 months they notified me that they would be extending this to 6 months which would take it up until 6th june, which i was unhappy with, during this period i had meetings every 2 weeks or so. a few weeks ago i was told that they were unsatisfied and would be monitoring me over the next 2 weeks and then deciding and giving me a weeks notice if they were still unhappy (contract states they can let me go any time within that time). after 2 weeks nothing was said, and still after 3 and a half weeks nothing had been said, i then went on holiday and returned to work on the 11th june (probation period was up until 6th june). today i get taken into a meeting and told they want to extend my probation by another month (company employs more than 15 people), i told them they cannot do that as it is not stated in my contract, my contact allows up to 6 months, with wording stating "the length of notice to be given and received by either you or the company to terminate employment is 1 week during this probationary period". with all that in mind, did my probationary period end by default, as it has been 12 days since 6th june, i know i am not allowed to bring unfair dismissal claims unless employed for more than 2 years. i was told my my manager they are checking with hr and will let me know tomorrow if they can extend my period by another month
  12. Back in Nov 2013 I was put at risk of redundancy and had 3 months for the final decision. I've worked for the company over 2 1/2 years and was very successful.. Anyway I was offered a position with in the company on a trial period/probation of 3 months which was up on May23rd. Well today 4 June I was informed that it's been extended one month 23rd of June ... I've not been giving the reason why it's been extended still wait to find out why Can this be done / is it expectable business conduct ... Thanks
  13. Hello I have had teh bad news today at work - 'you are dismissed as you are not a fair fit for this job'' i started this job last month, 5 weeks in job and today i had a performance review where i was told that i m not capable of doing the job and i should gather my belongings and go home, they are obliged to give me a weeks notice but they dont want me to work it and i can go hand all teh company belongings and leave !! just like that my job ended today now i m stressed needless to say - 5 years of employment history ruined coz i have got the ''dismissed mark on my credentials where do i stand now in terms of looking for new work :(
  14. Hi, need bit advice if possible please, as most of you know I started a new job on 12/8/2013 after being unemployed for nearly 2 years. I am a delivery driver with a well known cash and carry company, well of course most jobs give you a probation period,mine is 3 months. Well everything seems to have been going well and have had good customer feedback until recently when we had a lot of managers form other branches suddenly appearing on the scene, I just carried on with my job as normal but one of the managers seems to have it in for me for some reason and keeps questioning me over things like, why are you not picking orders or on the shop floor or the tills, I said I was employed as a driver ( no contract yet ) and went to see the boss who employed me, he said I was employed as a driver and nothing else, I thought the matter was resolved but again he starts on me so again I spoke to my boss and he now changes his story to you are employed as doing most jobs and you are on probation, this now keeps getting bought up by the other manager so looks like come November 12th I will be out of a job. I was taken on as I have a CPC licence which they were looking for, sorry for long post but just when thought getting back on my feet I have this hanging over me, also my overtime is not being to me ,most weeks it is not on my wage slip yet I clock in and out, we keep a record of my hours also. Is there anything I can do? I am doing this for Pete ( Bobcat ) as he is at work and we are both worried. Sandy ( Bobcat's o/h )
  15. Hi I started a new job at the beginning of october. The day before starting I broke my wrist. However, I've been able to do my job and as far as I know there were no issues with my performance. Last week, the day after I had my splint removed I was asked to lift heavy boxes (not usually part of my job) and shortly after my wrist and hand became sore and started to swell. Few days later it was so swollen I couldn't dress and now have to keep it raised. Was off work for three days last week after being advised complete rest for it and having it raised to reduce swelling and had hoped to return today but still have to see the doctor. It's still swollen though not as bad and I have some limited movement in it. I'm really worried how this will affect my probation period. I'm reluctant to take any more time off incase I'm let go but I'm worried going back too early could leave permanent damage. Any advice would be gratefully received.
  16. Looking for a little advice. First post, but this has been playing on my mind for a few days. Story. Got a perm job through an agency. Not a bad number. Job was sold as accountant PLUS review and improvement duties. The team i joined, long standing small team been there for between 15 - 6 years. I am the first new person for all that time. One line manager. One Director. Director wants improvement, that why i was picked, he calls staff meeting to tell everyone. Line manager does not, and states that his way is perfect and i must not attempt to do what employed to do. I am told i must never communicate with Director without first going through Line Manager. 6 weeks into job, friction within the team, expected but sorted. Now fully integrated. 12 week review for probation period, and line manger says that though i am doing the job, and now integrated, never late, always do what i am asked etc he felt that i didnt spent enough time with him. Though he also said that there is never enough time for him to spend with me. 6 weeks previously i asked for objectives so that i can make sure i meet his expectations, he refused. Bottom line. My line manager if very competitive, feels like he is never to be questioned etc. He finds me a threat, as the Director wanted me to improve the existing processes, on paper i am higher qualified etc, but i am always keen to learn. I feel that he wants me removed as he doesnt like the competition. The conflict stems from the Director and line manager, i am just stuck in the middle. I have started looking for another job. I will continue to remain fully functional in the organisation. I will not question, and will always do what is requested. He may change his mind and keep me on. Either way i cant stay and will make efforts to move as i am clearly not wanted by the line manager, i accept that. So here's my question. I have no legal rights. I know, i looked into it. Should i "formally" raise my concerns to the Director now, or wait until i am told they wont keep me on? Should i just shut it and suck it up? Should i "formally" complain after being told to go? I dont think the Director knows the line managers stance regarding the review, and i have my concerns about the line managers approach to many things including HR management and professionally. Once asked to leave, i have little reason to carry this on, but professionally i feel that the company is suffering because of the line managers approach. This is in direct conflict of the shareholders requirements. Any ideas?
  17. Hi, I was employed in the UK to start work on the 29th April 2013, my probation was 4 months which therefore expired end of August. I have not had any communication as to whether i have passed or it has been extended. Can i presume i have passed? i have brought this up with my manager but they said HR seem to believe it was 6 months but that he would confirm. Again none of this was put in writing. i have a contract and offer letter both stating it was 4 months, which has been recognised by my manager but they said they will confirm. However its been 2 weeks, im chasing and yet no word!? I just really want to know - as its a 1 week notice peroid in probation but 4 weeks notice after, if they suddenly did decide to get rid of me, seeing as my probation has technically lapsed would i be entitled to 4 weeks notice now or still 1? If it does escalate and they either try to extend it or fire me, what are my rights? The way i see it is my probation has passed with no comunication from them prior to that so i should therefore be entitled to either 4 weeks notice and they technically shouldnt be legally able to extend it now its lapsed either!!! Many thanks in advance
  18. Hi, I will try and keep this as short as possible. I recently undertook a role at a business as a senior case manager and was put on a probation of 26 weeks and in the first couple of weeks was given some serious and time-tight targets to hit with end dates, in some cases I have not been able to meet those targets due to the fact that case work from other members of staff have not been handed over (in one instance, 4 weeks after my deadline date to have delivered that target and what I was given was incomplete) The office is a shambles with no/little procedures in place and documents and so I have had to spend the time getting these in place (not on target setting) to be able me to actually work towards my other targets and I made reference in my first review paper to that effect which was the reasoning behind some of my missed targets due to poor processes in place and incompleteness of work by others before me. The review went appalling, not on my side I was pleasant but obviously upset throughout, to the point that my manager stormed out of the meeting saying my comments were unprofessional to lay cause with other employees! He then placed this in his review paper the day after, threw it at me and told me to sign the review as unsatisfactory but was not prepared to discuss further as I didnt agree with it (foolishly I signed it but feel this was under duress). I then recieved an letter stating I had another 2 weeks to hit those failed targets, I was offered no support or training to meet them just a new deadline, needless to say I have not been able to meet them again but have delivered some. I have a contract stating (one month notice on my side) I am due to work 37 hours per week (with up to 3 hours overtime permitted) - since I started I have consistently worked closely on average to 55 per week and not been paid the overtime element nor have I opted out of the working time regs 48 hours ruling (think this is correct?) - despite verbally raising the concern over the hours, I was told to 'get on with it - its expected of you as part of the role, no-one works to 37 hours here!!) I had unforeseen medical issue for my daughter which resulted in hospital surgery and was made to take annual leave for the appointment, whereas other members of staff (fixed holidays) can take the days off and be paid for them with no impact on their annual entitlement yet I was angrilily challenged about why I never mentioned this at interview and "how much more time are you expecting to take off with this?"...I didnt know, it was only after 5 weeks of starting!! To date, I have had no formal induction including health and safety elements...fire exits, procedures etc which I have had to find out myself - is this legal? The upshot is I have been given a letter (bring work colleague/TU rep etc...) with you for a meeting with HR a week next Friday citing various missing targets and "other minor concerns" (some of which have never even been mentioned to me as issues and I feel I am being 'stitched up' since his wife now appears to be waiting in the wings for a promotion!) I have been told that I may be dismissed due to unsatisfactory performance and since told to refrain from coming into work (apparently to give me time to review the contents of the letter and digest... but stated I will be paid for this week and up to the hearing date (why would I assume otherwise?).... (before leaving I had to hand back all my company property including access badge, passwords, laptop, mobile and car keys etc) which seems to me as though the decision has already been made. If I attend then I know what the outcome is going to be and besides I dont feel I can work for him any longer and my doctor has since signed me off with work related stress, I know I will be entitled per my contract to one weeks notice - but if I fail to attend the meeting (advice of doctor)- can they withold this payment i.e turn failure to attend into gross misconduct? If they reschedule my hearing - should I be paid for it? Should I just send the note in and nothing more? Should I not even bother attending at all and save my time, petrol and dignity - knowing the outcome already? (would be my personal preference!) Should I send the note in and a covering letter explaining inability on medical grounds to attend and request a new date or indeed offer my responses to the allegations in the hearing letter? Is there any recourse to the issues around, induction, overtime, hours or holidays?
  19. I've been working for my company for almost 4 months and my probationary period is for 6 months. I know I have been doing a good job as the Marketing Manager as I've managed to increase the Facebook likes from 4000 to 9000 in the time I've been there, by merging the Facebook profile with the page which ultimately attracted more visitors. Our annual show managed to sell more tickets than it has in past years with less performances. I've managed to build two partnerships with other local companies where we will be advertising them and they will advertise us free of charge. I've also paid out of my own money for hotels and taxis if I have worked late and I've paid for things such as nibbles for one of our press nights and the contents of 7 goody-bags that we gave to prize winners of a recent competition we ran. I work late when required and turn up early too. We also had a fatality recently and I was the one who dealt with the press. The company were very appreciative of my help. I was called in to the office yesterday after a complaint had been made following a post I put on my Twitter. My Marketing Officer and I were messing around in the office and took a photo of a teddy bear staring at a topless models on the computer. The complaint was sent to head office by a lady who had been shown it by her daughter. The thing is, I didn't know that there was a upside down business card on the table with the company logo clear as anything when taking the photo. I realised minutes after posting the photo online and removed it straight-away. This was over a month ago and someone has now reported it to my manager. I have reasons to believe that whoever it was that sent the letter was actually someone who I know. For a start, in the letter they mentioned that I worked in Marketing, and who would honestly go out of their way to destroy someone's career that they don't even know? The email they sent to Head Office was quite long and it just seems as though it may of been someone being vindictive who I actually know. They included the photo that I had posted. I was suspended on Thursday and will be having a formal meeting on Monday with my manager to discuss. It's possible I might loose my job. I should of known better before posting the photo and it was just unfortunate that someone found it in the short time it was visible to the public domain. Do you think I will loose my job? How can I fight to keep it? My manager seemed sorry that he had to suspend me as he knows I am a hard worker and he knows I've been doing a good job. The company are furious that I had used company property to get the model's photo up on Google, and that their logo was shown in the image. Also as a manager I should be setting an example to my Marketing Officer. I really don't want to loose my job as I know I've been working so hard. The other day I worked 15 hours and I come in on weekends when required. What can I do?
  20. Hi All I am three months into my six month probation period. After three months of absolute positive feedback and being told they were satisfied they had made the right decision when employing me, my manager now tells me I have been a huge negative influence on the team since the moment I started. I'm convinced this is the start of them trying to a find a way of letting me go after my probation period ends. The manager has only been in the team for two weeks and the previous manager is his wife, who is now his deputy (which is the first problem). His wife was the one giving me constant good feedback; saying how impressed she was with how quickly I learnt the job and how I was a positive influence in the team. When the new manager started, he reiterated this saying that he has heard nothing but good about me and that he also during his short time in team was impressed with the quality of my work and how fast I was picking things up. Then this week he announces that the feedback he has received from the management team (there are 4 managers to a ratio of 9 staff) is that I have been a negative influence during the past three months and have brought the dynamics of the team down. When I questioned this, he said that this was the now and previous feedback received by the last manager (his wife) no longer mattered. These were his observations and I should accept them or leave. He then offered to "fix me" so I could contribute to the success of the team. When I joined the team there was a certain anamosity towards the new starts (2 of us started at the same time). Existing staff would tell us we shouldn't be learning beyond the basics until they felt we were ready. We were told that we were bringing the reputation of the team down amongst the other departments as it was taking us longer to do the work and we were making mistakes. As for the mistakes, this meant it was taking longer to check our work therefore this was impacting their personal lives as they were required to work beyond their normal working hours. What a great welcome!?! I raised this with not only the manager but the team leader that was training me, and how this was impacting my confidence in my ability to do the work and that I didn't feel welcomed. It is this team leader who has raised a complaint against me, saying that I had a negative approach to his training and was doing this openly with in the team, thus being a negative influence. This is the same team leader who gave me constant feedback how impressed he was with my learning progress and my willingness to learn. There was a debate within the team about some misinformation he had fed the new starts but I had little involvement in this, only to say that I hadn't been trained fully in the process and wasn't aware of why I had to do this particular task. The person that actually said to this guy that his training was lacking was his friend that he socialising outside of work. I have witnesses, including the person who made the offending comment, that are willing to back me up. Since starting there have been 4 leavers all citing management as the reason, bearing in mind that 2 of us started at the same time as well as someone who started a month before us. So that's 7 new starts and leavers within 4 months!! The management are saying that these things happen at the time at every company. Not at any previous company I've worked for!! Another thing, I was pulled up for my personal internet usage (another concern of this trainer/team leader) which I accepted. Immediately following this feedback this team leader sends links to websites (not work related) to all the team which they all proceeded to browse and discuss... except me, I'm not allow to use the internet for personal use during working hours!! What I have started to do is record everything in writing and send my manager transcripts of our conversations. That way if my worse fears are realised and he is trying to end my probation then I have evidence. I will also start to tape our 1:2:1s. Now the thing is, they've been working on one of my colleagues to the point they are now off on long-term sick leave. It was the same thing; positive feedback all of the sudden turned negative, accusing them of things they aren't capable of doing. So I think it's my turn, they've worked their way through the established staff and now it's the newbies turn. Any advice beyond what I'm already doing? It this technically harrasement??
  21. My partner has received a memo from HR saying he is to attend an Review of Probationary Period of Employment, which started on 27/02/12 for 6 months. He had an interview in september with his immediate manager, and was given a letter dated 07/09/2012confirming the 'desired level of competency' and his employment was confirmed with an increase in pay from 01/09/2012. With the memo received on the 9/11/12 was a printout of 8 weeks of tachograph readings, along with a report from another manager complaining about his 'laid back attitude' and the fact that his is the slowest driver. They have produced figures to show that he is taking too much lunch break, (most of them are just incorrectly set tacho and I can prove this) but the majority are where he has taken 2 or three minutes more than an hour. They have also said there are 4 instances that they know of where he has 'fallen asleep at work', (based on gossip and conversations taken out of context) and have made it sound as though he is a total layabout. He has said that there was never a discussion regarding break times, and there is nothing in any of the paperwork we have from the company. They have also taken his driving hours, other work hours and break times, and put him against the total average of 7 other drivers. so my questions are these. Is it fair to show his hours in isolation against an average of 7 others? I can see the figures work out to be the same if yu take into account the incorrect tachograph settings so his driving hours are actually more than the others, and his other work about the same and his breaks are actually lower than the other 7 Can they review his probation once confirmed in writing? If he was competent in the last six months, and had done nothing different since, do they have a case against him and how do I get the employers to provide the previous six months information (do we have a right to get this from them) If no mention is made apart from knowing the driving hours law regarding official breaks, what can be done about the break times alleged? How can he defend himself against yard gossip which has been taken as truth by management? Should he raise a grievance himself against the Operations manager who seems to be delighting in my partners stress right now ( he walked past him in the yard yesterday beaming from ear to ear at him) Please help, i've got 21 days of information to sift through before friday for the information I have to provide.
  22. Hello, wonder if you can help me. I am looking to hand my resignation in this week, but am unsure if i'm still on my probation period. My contract states my notice period is 1 week up to 12 weeks employe-ed (or until satisfactory completion of probation) and there after 1 month. I have been employed there for 14 weeks but have not been notified if I have passed my probation. I have to tell my new employers when I can start. Could any one shine any light on my probation period would be either one week or one month. Thank you.
  23. Hi All, I have recently taken on a new member of staff as my assistant manager and she is on a 13 week probation period. I have grave concerns regarding her commitment and have discovered that she has been working elsewhere while supposedly being off sick for the last few days. Her absence has caused major upheaval for myself and the rest of the team and now I feel any trust or confidence I had in her has been broken. I do not want to waste any more time on training etc for someone who is clearly going to be unsuitable. Can I dismiss her for those reasons and would she have any legal recourse?
  24. 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
  25. I have successfully passed a six month probation period in May (and was informed of it by my manager in July) however, I have not yet received my new contract of employment. Does it mean I am still working under the probationary contract? The reason why I'm asking is I was offered a better job and my probationary notice period was (is?) one week, comparing to a 3 month one after probation. I will be asking for the reduction of the notice, but, just in case they say no, can I just say, "but hey I haven't been given my new contract yet, so theoretically I still have one week?" Not sure if relevant, but I work for a local authority.
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