Advice on Extended Probationary Period/Rights in Case of Dismissal?

[Otrere]

Hi everyone,

 

This is the first time I have posted on here and would welcome any advice as I am concerned about my husband's future position with this employer. Sorry if I waffle on a bit.

 

Am worried about hubby's job.

 

Well it all sounds a bit dodgy all round to me... Hubby started a new job on 1st October last year (3 month's after he had been made redundant) with a 6 month probationary period. Then they brought a new bloke in 3 weeks before his probationary period was up who is (apparently) over hubby - they never told hubby about this or anything and of course he got quite agitated by this new bloke telling his staff what to do because he didn't know that he (as Manager) and his staff were reporting to this new bloke instead of the M.D. now (severe lack of communication within the company). So him and this new bloke didn't exactly get off on the right foot.

 

The new bloke was the one that requested a 2-month extension on hubby's probation saying that he had 2 months to improve in these four various areas or he could face dismissal. Anyway, they seem to have got a better working relationship now but everything seems to land at hubby's feet. Anything that goes wrong, it's his dept's fault - every time.

 

Can they just extend his probationary period just like that?

 

They also don't get paid overtime but get time off in lieu - except one chap (hubby has two staff under him) has been there 3 years and already run up about 200 hours overtime and the company are getting on to hubby's back about it saying that he needs to reduce staff hours but still get the work done (when he has a project list as long as his arm) - this was part of the requirements within his new probationary period as well.

 

So it's almost as if he is being penalised for the hours that this lad ran up before hubby even started there. He's been told to sort it out. He suggested they pay him for the overtime up to the end of last year and then start afresh, but they won't have any of it. He's got to get this lad to take some time off (which they can't afford to do time-wise) or come up with another plan.

 

But every problem there is it always seems to be his dept's fault because all the printing stuff runs on computers and if the computers go wrong then everything goes t*ts up but there is just no respite at all. Like yesterday, he had to do an office move, but had no instructions as to what to do, not even a rough sketch. He was there till 7pm last night doing what he thought was right (which meant he didn't get home till 8pm so saw the kids for about 30 minutes yesterday) and apparently it was wrong anyway so he was having to re-do it this morning - another example of the bad communication but you can bet your life his dept will get the blame.

 

Even I have been applying for jobs just in case he loses his job (seeings as everything seems stacked against him) - even some woman who has come from a European branch (who we think is the MD's bit on the side) to help out for a couple of months has been slagging hubby off behind his back apparently.

 

Anyway, he was supposed to get a Probationary Period Action Plan and didn't get that, and he was meant to have a catch-up/progress meeting with his "new" manager at the end of April and that didn't happen.

 

Trouble is, we didn't have job loss mortgage insurance when he got made redundant last year so I was determined that when he got a job I would make sure we took it out, but because he is on a probationary period nobody will cover for it anyway. He's too much a "high risk" at the minute. So if he loses his job, we've got about 2 months to find another one (with the money we have to manage on) else we're going to be in dire straits and to be perfectly honest, the worry is keeping me awake at night.

 

I can't help feeling that he's been made a scapegoat for all the company's uselessness and I'm not sure if they can just extend his probationary period just like that?

 

Sorry I've got side-tracked a bit and just wondered where we stand. He's been there 8 months at the end of this month.

 

Any advice welcome.

 

Thanks.

[Hebweezle]

Hi There

 

In respect of probationary periods, the company can and does have a right to extend a probationary period if the employee does not meet with their expectations of the role. This issue does happen and happened to me.

 

You mention that a manager was brought in over your husband and no details were advised? This is very unusual and your husband should have been advised of this.

 

Most companies always want hours reduced and more output, that's a fact of life and when you're in a managerial position, its up to you to try and sort it out. Has your hubby put forward any plans to his new manager to source this reduction?

 

You see, your husband has to be seen to be doing everything to the best of his ability, which is also strained by the fact that he is still on probation.

 

Did your husband ask for a plan for the office move? Most departments who want their office moved or changed around expect a plan and usually the manager who is doing the move does the plan and then the department fiddles about with it until they are happy with it.

 

I would definately suggest that your husband goes to his manager and asks for the probabtion action plan and again asks for a meeting with his new manager for a catch up and progress meeting.

 

I'm really sorry that I can't help any better than I can, this is due to the probation issue.

 

One other alternative, is for your husband to start looking for another job whilst he is still in the one he's in now - then he has a bit of time instead of having the extra worry of being unemployed.

 

I do wish you all the best and let me know how you get on as I can understand that this is a very stressfull and trying time.

 

Heb

[Otrere]

Hiya

 

Thanks for your reply and for clearing up the matter on the probationary period extension. What happened with you? Were you able to maintain your role after your extension?

 

I'll try to clarify:

 

Yes, they brought a new Manager in over my husband but he was never told about this, which as you can understand got my husband agitated when the new Manager came in and started telling my husband and his staff what to do.

 

My husband has put forward a plan to sort the problem of hours out of the lad who works for him (My husband is IT Manager and has two staff - he has also requested more staff as three people is just not enough to cover the workload they have - they cannot let him have someone permanently full-time but are sending people for 2-3 weeks at a time from their European office to work on specific IT projects to help lessen the workload).

 

He suggested that the company pay the young lad up till the end of last year for the hours he is over but they won't. He has been put in an impossible position. I for one cannot understand why the company let this lad run up his hours so much in the two and a half years prior to my husband starting with the company. Now I feel my husband is being penalised for this?

 

As far as I am aware my husband IS doing the job to the best of his ability, but is being set impossible targets such as the matter of reducing staff hours when the workload is beyond belief.

 

As for the office move, he was just told he'd got to move the Customer Service Manager's desks/computers and that was it and he was told he'd got to do it that day (you see, again, severe lack of communication within the company) and wasn't given a plan at all.

 

He only has one week left now before he finds out whether or not he keeps his job so not sure that the probationary action plan which he should have got at the beginning of April will be much use. And he has been applying for other jobs, but obviously with things the way they are at the moment, there isn't an awful lot about and so many people are applying for the same job it's not easy.

 

Thanks for your reply.

[Hebweezle]

Hi there

 

Thanks for the info.

 

Yes, I was taken on permanently after my extended probation - I was then promoted to a senior person within the team as I proved myself to be very valuable - the only reason that my probation was extended was because some a***hole decided he was going to cause ructions but he was proved wrong and he left shortly after.

 

Anyway, lets get back to you.

 

I'm glad to see that your husband has put forward his plan of action and that some people are coming in to help - regardless of where they are from, the company has acknowledged that there is a problem with work load and have allocated resources to help.

 

Because of this, the company will therefore have probably said to your husband that because he now has help to lesson the load, the staff member with the hours must take time off to recoup the hours overtime in lieu.

 

I'm not quite sure why your husband would be required to move desks being that he is in IT and would only be required to move the computers and install the necessary lines. Usually facilities sort out the moving of furniture.

 

Although the team member with the hours has racked all these hours up, and probably the previous manager couldn't cope which is why they employed your husband to sort out the mess that's been left behind but if he could sort it out, then he would be worth his weight in gold but its a slow process.

 

What I can't understand is that when you rack up overtime lieu in hours, you have a time limit in which to take them - I do understand your frustration about why the company has left it this long to sort it out. Would your husband be best in contacting HR to see what they can do about the hours?

 

I do believe that your husband is doing everything that he can with the mess that he's been left with but again, because of the probation thing, it all boils down to his meeting that he has next week. Once he is taken on permanently, then it could all change rapidly.

 

Hold on as best as you can and I do give you my full support.

 

Heb

[Otrere]

Hiya

 

Thanks for all your help on this. Unfortunately my husband had his meeting yesterday and his employer decided that, following his extended probationary period, they were no longer going to continue his employment and he was to have his employment terminated with immediate effect.

 

The reason they gave was that he did not meet the Action Plan that he was given.

 

Now, when he had a meeting to extend his probationary period in March, he got a letter saying that he would get an Action Plan. He got the Action Plan on Friday last week. How was he meant to have fulfilled the criteria of the Action Plan in the space of what was basically 2 days?

 

I understand that unfair dismissal can usually only be undertaken once an employee has been there for 1 year or more, but there are exceptional circumstances. I am not sure as to what is classed as an "exceptional circumstance".

 

Do you think it's worth us looking into it?

 

Thanks again for your help.

[FunkyFox]

Hi there, I'm really sorry to read about what has happended to you are your hubby.

 

We have recently been through a similar situation and I am afraid that under 1 year of employment there is nothing that can be done by way of unfair dismisal. The only way you could bring a claim was if your hubby had been discriminated against in some way, such as due his race or sex, but that would be a claim for discrimination, not unfair dismisal.

 

I do realise it appears unfair and unjust but my advice would be to move on and put this horrible event behind you both.