Probabtion Review After 1 Year

[giblets46]

Hi,

I've been with my company just over a year now (about a week over). However, my probation has not offically been signed off.

 

My contract stated that my probation was three months, but received a letter stating six (the contract stated it overuled all other agreements) which also promised a pay 'review'.

 

I had regular one to one meetings with my manager, and was told all was fine, asking specifically what the company thought of my progrees at three months (very happy was the answer)

 

At six months I pointedly asked what the probation review procedure was, or "if I am still here, does that mean I passed", and was told 'yes, it was fine'. I asked about salary review, and was told it would be organised, a month later, I asked again ('just need a couple of signatures'), and another month later (8months) was told my probation had been extended, and would be reviewed two months later.

 

That was my last one to one meeting, eight weeks later I received a letter reafirmiing the probation review (the letter refered to a meeting 'two weeks ago', but was a six weeks out!). However, the review was now to happen at 11months (having not had any meetings since 8 months) This never happened, and I have now been with the company for over 12months.

 

I have just been invited to a meeting with the head of HR (I only know the HR manager will be present as I saw my line managers online diary), I was simply asked to attend 'a meeting', I requested an agenda etc, but no reply was received. Maybe I am just being paranoid about this...

 

I understand, having been in employment for over a year, my rights have changed, but would appreciate any advice on my situation.

[Sidewinder]

Hi and welcome to the Forum.

 

The good news is that your rights are considerably enhanced having gained a year's service - that cannot be undone whether you pass your Probation or not. There is no special legal status for a probationary period, however as you have found out it does enable the employer to attach various non-statutory conditions and contractual benefits.

 

Hopefully this is paranoia and you will receive an apology for messing you about and a backdated salary review (yeah right!). Seriously however, I am sure that you have nothing to worry about, but I would certainly question (if it isn't forthcoming) what may have happened to the pay review that you should have been entitled to some time ago.

[SarEl]

Bearing in mind that a pat review does not mean a pay rise! They can review your pay and not give a pay rise too.

[giblets46]

Well, worst fears were realised, invited into my line managers office with head of HR, sat down and informed I was not being kept on, as I was not 'controlling customers' enough when I was with the sales team, I can of course appeal, which is pretty pointless really I guess.

However, I was given no feedback, or even another one to one with my manager since Octobe, as I understand it, they have to show how they have worked with you to improve the situation.

[Sidewinder]

However pointless the appeal, you certainly need to lodge this as soon as possible. You also need to see (if you don't already have it) a copy of all documents relating to the company's disciplinary procedures. They can't automatically hide behind any 'probationary period' as an excuse to dismiss you after completion of 12 months service without risking a challenge for unfair dismissal.

 

You need to read and understand what the company policy is on performance measurement and their disciplinary process for instances of underperformance. It would be most unusual for dismissal for a first offence, and sancions for poor performance would normally require the employee to be notified of concerns at a meeting and targets for improvement set. Your appeal needs to highlight (depending on what the policy is) inconsistencies in their own procedures, the assurance that you had passed your probation - by whom and when, and their failure to meet their own deadlines for review meetings at which you might reasonably have been expected to learn of any concerns - and in fact their verbal assurances that you were performing to expectations.

 

You need to put them on notice that you consider your treatment to have been unfair and contrary to the entitlements afforded by the terms of your contract.

[giblets46]

Hi!

Many thanks for the advice above, I sent in my appeal letter in last month, outlining what had happened and also their disciplinary process (and how they missed the relevant steps), and that my rights changed after a year.

They have clearly missed the point, and said that they reviewed my performance prior to the one year, but 'there was some delay in conducting a review meeting' (although they did not even invite me to a meeting until after the one year period) with myself, but that does not change their decision.

They have arranged an appeal hearing which I am unable to attend (I booked the time off in early Feb, and so will request a change in date).

 

I would appreciate some feedback and advice on this, and also as they also state that I am "required to remain on garden leave throughout this process", however, they state that 'lodging an appeal will not delay your dismissal taking effect but if you are sebsequently reinstated, any lost pay will be reimbursed. (so they are expecting me to remain unpaid on gardening leave (as my notice period is up) until after the appeal?), which will inhibit me from gaining employment surely?

[giblets46]

Just got my data subject request back, and well.....they have not given me much. I requested information that provided an opinion on myself

They have given me all my own e-mails, but not a single other e-mail relating to me.

There is absolutely no performance reviews in this.

Nothing, other than my contract, letters sent between the company and my self, or signed by myself (EG bank numbers etc). My CV, and a parking ticket.

 

They said some info was removed for legal privilege, but surely hats missing an awful lot!?

[RachelMD]

The term 'legal privilege' applies to communications between lawyers and their clients. Are they likely to have instructed a solicitor regarding your matter?

Have you made an application to ET etc?

 

I get the impression that perhaps they're using the term 'legal privilege' to refer to information they don't want to give you because it's incriminating.

Well tough, they can't do that.

If this company is any size, it's inconceivable that there are no internal emails, say between HR and managers, that mention you.

 

Might be worth complaining to the ICO.

[giblets46]

Hi thanks for that, yes I have received their ET3, they are now claiming in the period after my probation extenson that they conducted lots of informal meetings, with no notes!

 

Have just written to their solicitors reminding them of the act, clearly this can be another thing to bring up in the Tribunal, especially if they refer to any other documents.

[Sidewinder]

Just be wary that the DPA provides various cop-outs when it comes to releasing information. By all means challenge them, and make enquiries with the ICO, but a savvy lawyer will point out that only information stored in a 'relevant filing system' and which relates ONLY to the subject has to be released. Even if a relevant filing system is used, any document in which other data subjects can be identified does not have to be released unless those subjects give their permission!