Help please - what to expect?

giruzz

Hi,

I have a friend that is having some hard time at work. This is the situation:

- Joined the company in sept 08.
- Six months probation
- She never had 121 or feedback meeting even if when requested as 'it is all ok'
- Probation to end Sun 29-03-2009

She gets a letter on Monday 30th of March saying she will have a meeting with HR, her director (which btw has changed recently) to discuss a few points such as:
- Ability to execute orders
- Oral/Written communication in English
- Processes
and a few other things...

The letter says that she may be dismissed 'on the spot', demoted or her probation may be extended.

What type of legal rights does she have?

She never received 121s not even if she asked, there are no written process and regarding the communication in English that is not a problem.
Also, when she signed her contract the job specs weren't provided (verbally requested to HR as well), she applied after seeing a generic ad on monster.

Icing on the cake, today a colleague told her that a direct was talking about her position being 'cancelled'.

Does she have any right? What happens if she is dismissed? Is she considered to be still on probation?

thank you

giruzz

Liz_the_Whizz

hi giruzz,

Problem is that although the probation period has not been handled well, in terms of employment law, a probation period has no legal entity. Your friend has no recourse against dismissal in the first year of employment, unless it could be deemed unfair due to discrimination.

In her position, I would work on feelings of fair play/guilt by arguing that her probation should be extended by 3 months to allow her to address their concerns, due to lack of proper feedback and guidance on expectations. She should try and get real examples of the perceived problems in each area identified, together with realistic and attainable targets.

She also needs to identify who are potential allies at work and who are the villains. If the villains are her immediate managers, best option is to accept the inevitable and try for a soft landing in terms of a decent reference.

And although I would not encourage overuse of the discrimination card as it does genuine cases a disservice, if the shoe fits......

Good luck to her!

mountainofdebt

I do sympathise with your friend having been in a similar situation myself recently.

One indication of how the manager is going to play this is how they have interacted with your friend.....my manager become distant with me prior to me being dismissed and I had a gut feeling that something was wrong.

Unfortunately your friend has very little protection/rights .......

giruzz

Hi,

Thank you for the help. I have only one question...

Does my friend have 1 week notice or does she has 1 month?

Her meeting is scheduled about two weeks after the 'official' end of probation but she does not have signed an 'end of probation' paper or declaration...

thank you

giruzz

mountainofdebt

Hi I've googled probation period issues and have come up with this - I know its a little old but it may give you some answers.

b-b-b

Probation periods are wet dream for companies at the moment, especially with the current 'economic downturn'. It's a fantastic way for companies to 'test' the water for a role or create a new position then decide after the probation period - when the 'probie' serves no further purpose all be it for a busy time or whatever they can bin the 'probie' without any legalities’ creeping up and being a nuisance.

It's almost an alternative for slave-labour for companies these days, except for the pay! 'Probationary periods' means when a company is busy they can use you and then ditch you at the first signs of a loss, say 3/6 months down the line it's almost as crafty as using a 'freelancer' in the creative-industry!

That letter which says she may be dismissed 'on the spot', demoted or her probation may be extended is just another way of saying 'we aren't turning a profit, last in the door, first out of the window'. I think you're friend should prepare for the worse, the good old 'economic downturn' speech for loss work, etc.

giruzz

Hi,

Thank you mountainofdebt for the link...I had found the same using google, I guess there isn't much regarding my friend particular case around...will see...

b-b-b:My friend knows she will not have a job after Monday. She spoken with ACCAS and another few people we know that are working in HR. Everyone confirmed that she now has 1 month notice as the letter arrived after the end of 6months probation. She will meet her manager and HR tomorrow....let see what they offer...

thank you all for the help and support

giruzz

LittleVoice

She will have one month's notice if that is what the contract says. Otherwise she would be due one week's notice.

If the letter arrived on 30 March, when is it dated? When was it posted? When was she last at work?

giruzz

LittleVoice wrote: »

She will have one month's notice if that is what the contract says. Otherwise she would be due one week's notice.

If the letter arrived on 30 March, when is it dated? When was it posted? When was she last at work?

The letter was given on the 30th of March at work by HR, it wasn't posted.

She has been at work all week (as usual) so last day was Friday.

Thank you

giruzz

LittleVoice

Check the date on the letter in case they claim that she was aware of the potential extension of the probationary period before it ended. (I'm just very cautious!)

giruzz

LittleVoice wrote: »

Check the date on the letter in case they claim that she was aware of the potential extension of the probationary period before it ended. (I'm just very cautious!)

No..no...extended probation was never mentioned. She spent the past 5 weeks asking the acting line manager for her first 121 to discuss about her probation but the answer has always been 'all good'...

the date on the letter is Thursday 30 March 2009....the only thing is that the 30/03/2009 was a Monday :-)

giruz