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#Employment : Probation Period Problem - please help!


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Hi Guys and Girls,

 

I'm new to the fourm so hello one and all.

 

I am in need of some employment advise with regards to Probationary Periods. Let me tell you my situation.

 

I have been employed by my company for 11 months and 1. My contract stats that my Probation Period is 6 months which was 5 months ago now.

 

I have been sent a letter last week by my companys HR dept saying that i have to attend a probation review meeting next week which could lead to my dismisal.

 

I have never had a reveiw or had my Probation extended so i asumed that i had passed my probation period.

 

Please could anyone give me some advise on this and what to expect when i attend. My gut feeling is they are trying to force me out before i have a years service.

 

If you need more info please give me a shout.

 

Thanks in advance

 

Nathan Jay

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Hi Nathan

 

A probationary period holds no special status in law and can neither add to nor take away from your employment rights. It is merely a passport to any contractual rights which it may afford (for example an employer might allow you to receive company sick pay, or enhanced pension contributions). The critical thing, as you allude to is that you do not yet have 12 months service, so in theory, you could be 'let go' without any real justification and there would be little that you could do about a claim for Unfair Dismissal, but this would be the same situation whether you were on probation or not.It doesn't matter whether the probationary period should have ended 5 months ago or not, but why was it not reviewed sooner?

 

They mention that your review may lead to your dismissal - why might that be the case? Are you aware of any reason why the employer would want you out?

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Hi Sidwinder,

 

Thank you for your quick reply.

 

The letter i recieved was worded like a disaplinary letter saying that i could bring a Union Rep if i wanted which i find very strange as why would i need one for a Probation review.

 

I have never really got on well with my line manager but have not done anything to warrant this.

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Hmm. I can see why you might be worried.

 

All I can suggest is that you spend some time beforehand listing all of the areas where you have done well and have added value to the employer, together with any where additional training might be useful.

 

Be prepared!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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If I have been helpful in any way - please feel free to click on the STAR to the left!

 

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I'd write and say that you are no longer in the probationary period, you weren't informed that it was being extended, so they can't legitimately hold a probation review. If they have issues with your conduct, performance or capability they should instigate their disciplinary procedure.

Don't attend a meeting without clear prior notification as to what exactly the meeting is about, or they will ambush you with accusations and you won't be prepared to defend yourself.

And if ya get an opportunity to kill one of the HR monkeys, take it.

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And if ya get an opportunity to kill one of the HR monkeys, take it.

 

Hmmm, I've got one or two of them monkeys in mind...:mad2:

I have squandered my resistance for a pocket full of mumbles, such are promises.

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