Probationary Period Extended for 3 months due to taking holidays at short notice.

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Maleficent
Maleficent Posts: 10 Forumite
in Employment, jobseeking & training
Hello,

My partner has just had his 6 month probation meeting at work and they have extended it for 3 months due to him taking days off using his holiday allowance at short notice when he first started.

At his work place managers approve holidays and they never raised any concerns about this with him at the time. He brought this up in the meeting and was told they have all been reprimanded for doing this with not only him but other colleagues.

They have said that his stats and performance at work are great.

I have looked at his contract and it just says 'the company will assess and review your performance. The company has the right to extend this period as appropriate'.

I think the reason they've extended his probation is a joke and 3 months seems an awful lot just for that reason.

Any advice?

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  • Alter_ego
    Alter_ego Posts: 3,842 Forumite
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    What does it matter? They can sack him any time in the first 2 years without a reason.
    I am not a cat (But my friend is)
  • xapprenticex
    xapprenticex Posts: 1,760 Forumite
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    passing probation will make you/him feel warm and fuzzy inside at best, he can still get sacked at any time for another 18 months.

    Your attention needs to be on being there 2 years.
  • nicechap
    nicechap Posts: 2,852 Forumite
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    Maleficent wrote: »
    Hello,

    My partner has just had his 6 month probation meeting at work and they have extended it for 3 months due to him taking days off using his holiday allowance at short notice when he first started.

    At his work place managers approve holidays and they never raised any concerns about this with him at the time. He brought this up in the meeting and was told they have all been reprimanded for doing this with not only him but other colleagues.

    They have said that his stats and performance at work are great.

    I have looked at his contract and it just says 'the company will assess and review your performance. The company has the right to extend this period as appropriate'.

    I think the reason they've extended his probation is a joke and 3 months seems an awful lot just for that reason.

    Any advice?



    I would read that as the company have acted in accordance with the contract.


    As he's been there 6 months, an alternative option for the company is to dismiss him (unfair but not illegal).


    If he's hitting his targets and he enjoys the work and the pay & benefits, I would take on board the feedback and get through the next 18 months (how long the company can dismiss with no reason).


    If he doesn't like the job or pay & benefits, then look for something else.
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • Maleficent
    Maleficent Posts: 10 Forumite
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    Ok thank you.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    edited 4 December 2017 at 9:28PM
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    What significant contractual change happens when you pass probation?

    pay, holiday, sick pay, notice ...

    without one it is an arbitrary date within the 2 year time frame.
  • Masomnia
    Masomnia Posts: 19,506 Forumite
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    Alter_ego wrote: »
    What does it matter? They can sack him any time in the first 2 years without a reason.

    Notice periods could significantly different for one thing.



    If they're not criticising his work as such then he should just take it on the chin, keep his head down and get on with it imho.

    It's a picking your battles case. He might feel a bit hard one by, but there's no reason they can't do it and as others have said he still has a job.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    At his work place managers approve holidays and they never raised any concerns about this with him at the time. He brought this up in the meeting and was told they have all been reprimanded for doing this with not only him but other colleagues.

    if this is true then look for the change when new people start,

    although legally you accrue 1/12 of you annual holiday on the 1st of every month(unless overridden in contract) it is generally considered bad form to take time off early in a new job unless pre approved before starting.

    also to kick up a fuss if the managers have been given a ticking off may not be the most productive move.

    I think I might even throw in a bit of schmooze
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
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    getmore4less wrote: »
    if this is true then look for the change when new people start,

    although legally you accrue 1/12 of you annual holiday on the 1st of every month(unless overridden in contract) it is generally considered bad form to take time off early in a new job unless pre approved before starting.

    also to kick up a fuss if the managers have been given a ticking off may not be the most productive move.

    I think I might even throw in a bit of schmooze

    Where in law does it state that you accrue 1/12of the holiday on the 1st??? Never heard that one before and don't believe it to be true.
    You accrue holiday from day one of employment but the employer can decide when you can take them.
    Be Alert..........Britain needs lerts.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    edited 5 December 2017 at 7:09AM
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    paddedjohn wrote: »
    Where in law does it state that you accrue 1/12of the holiday on the 1st??? Never heard that one before and don't believe it to be true.
    You accrue holiday from day one of employment but the employer can decide when you can take them.

    You need to update your knowledge of the working time regulations(as amended) during the first year of service and holiday accrual.

    the total accrual for a period of employment is from day one but the amount available to take can be determined by the accrual legislation.

    note this only applies during the first year after that the full allowance is available from day one of the holiday year.



    I bold the bit that effectively nullifies the statutory regulation on the first year accrual and subsequent year rules.

    edit: add the relevant section 15A from 2001 changes as amended(think I got them right) by 2007 changes
    Leave during the first year of employment

    15A.—(1) During the first year of his employment, the amount of leave a worker may take at any time in exercise of his entitlement under regulation 13 or regulation 13A is limited to the amount which is deemed to have accrued in his case at that time under paragraph (2) or (2A), as modified under paragraph (3) in a case where that paragraph applies, less the amount of leave (if any) that he has already taken during that year.

    (2) For the purposes of paragraph (1), in the case of workers to whom the Agricultural Wages (Scotland) Act 1949 applies leave is deemed to accrue over the course of the worker’s first year of employment, at the rate of one-twelfth of the amount specified in regulation 13(1) on the first day of each month of that year.

    (2A) Except where paragraph (2) applies, for the purposes of paragraph (1), leave is deemed to accrue over the course of the worker’s first year of employment, at the rate of one-twelfth of the amount specified in regulation 13(1) and regulation 13A(2), subject to the limit contained in regulation 13A(3), on the first day of each month of that year.

    (3) Where the amount of leave that has accrued in a particular case includes a fraction of a day other than a half-day, the fraction shall be treated as a half-day if it is less than a half-day and as a whole day if it is more than a half-day.

    (4) This regulation does not apply to a worker whose employment began on or before 25th October 2001.
  • elsien
    elsien Posts: 32,735 Forumite
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    I've been working at my place for 4 years now and have technically never had probation signed off. There's no increase in pay, leave or any other perks and I figure if they'd had a problem they'd probably have mentioned it by now so it's academic really.
    If everything else is ok with your OH , I shouldn't worry about it.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
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