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Alternative position offered during unsuccessful probabtion - less paid

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Hi,

 

My company employed a receptionist in June and her contract said: "The Employee's salary is £20k per annum. Upon successful completion of probabtion period the employee's salary will be raised to £24k."

 

Her probation period expires soon and we are not happy with her, but would continue to hire her on limited tasks. However we believe that she does not deserve her increased in salary of £24k.

 

We are wondering how to hire her on a similar type of job, but not incerase her salary to £24k. One colleague mentioned firing her, and hiring her with another contract the next day. I think this is too "doddgy". I suggest explaining to her that we do not believe that she "succesfully" completed her probation period, however we would continue to hire her at £20k and would not increase her work load, as we originally planned.

 

Any advice on how to to keep her and not increase her salary depsite her contract would be helpful.

 

Thank you.

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Or could you not set her new targets to achieve and coach her to the standards you require and extend her probation?


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Is it ok to extend a probation period, even though her original contract doesn't mention a possible extension?

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Just hire someone who can do the job.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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It is all perfectly legal, provided that you would have to give her a week's notice if she has worked there one month, if she does not wish to accept employment on the revised terms.

 

It doesn't sound clever though. I'm not sure it is a good idea to have unmotivated staff running around.


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Sorry, confused what is perfecty legal?

 

1- Terminating her contract and giving her a brand new one the next day whilst on porbation?

 

2- Telling her that she wasn't successful but would continue to employ her at 20K instead of 24k?

 

3- Extending her probation even though her contract doesn't allowe it?

 

Personally I would rather employ a more motivated person, but the boss wants to keep her...

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Do you have an HR department, analiss? That's who would normally deal with this sort of thing.

 

HB


Illegitimi non carborundum

 

 

 

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It's a very small company. Hence the lack of stucture...

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Sorry, confused what is perfecty legal?

 

1- Terminating her contract and giving her a brand new one the next day whilst on porbation?

 

2- Telling her that she wasn't successful but would continue to employ her at 20K instead of 24k?

 

3- Extending her probation even though her contract doesn't allowe it?

 

Personally I would rather employ a more motivated person, but the boss wants to keep her...

 

You may review http://www.legislation.gov.uk/ukpga/1996/18/section/86. The point is that someone who has been employed for a month is entitled to one week's notice before being dismissed.

 

All of the above options are legal. But she would only be bound by revised terms of employment if she accepted them. If she does not accept them, the revised employment terms will not be binding on her, and then if the decision is made to dismiss she will need to be given one week's notice.


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Thank you for your advice and link. Giving a week's notice is not an issue at all.

We will see what route we decide to take.

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Are you envisaging taking on someone to do the bits this person cant do? Try speaking to the person and ask them how they feel about the job and how well they think they are doing as far as performance goes. They may well think that they need more training and would be happy with an extension of the probation if there is a fair chance it will make things work.

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