Trial period and constrcutive dismissal

Lady007

Zazen999 wrote: »

How so?....

Dismissal for the employees who did not pass their trial period would not be for reason of capability which is an entirely different process.

getmore4less

I was lucky enough to be made permanent in September but their performance was causing my managers concern so they extended their trial periods. This extension has been done a couple more times and it has been a very difficult and stressful period for everyone.

If they have not raised the issue of the training before then any claim for unfair dismissal or constructive dismissal on the grounds of inadiquate training is unlikely to succeed.


I always thought that trial periods in exceess of statutory(4weks) needs to be done carefully and need justification(like training).

It seems to me that the positions are not suitable alternatives and these people should be made redundant or the positions changed so they are suitable.

terra_ferma

Fluffy,
sounds like your employers are not giving you the training you need as a new manager/supervisor.
It's common practice to provide training on HR matters such as performance management, disciplinary, recruitment etc, perhaps you can ask for it?
Also your line manager should be supporting you a bit better at managing their performance, and understanding your role and responsibilities.

When you line manage staff unfortunately you may have to deal with poor performance, but experience will help you and give you more confidence.
It may also mean having to attend ET, but as a representative of the company, and you won't be blamed personally for anything that you may have done wrong. It's your employers responsibility to ensure that their staff follow the correct procedures.

Health and Safety is the only area I know of where managers (and staff) may be held personally responsible for serious matters, for example serious negligence, not following company's procedures, leading to injury, death etc.

Mudd14

Lady007 wrote: »

If you care to read again - the post clearly states that the advice is subject to having one years continuous service. Thanks for your advice about reading the whole part of my files first. It appears that you are the guilty one??

Also, quote - You can only claim at a tribunal for discrimination if you have under 1 years service. This is misleading. I think what you want to say is that you can claim for discrimination regardless of your length of service.

I do stand to be corrected on the source of the info. On this occasion credit should be given to www.xperthr.co.uk.

ah I see, well edited!!

Lady007

Mudd14 wrote: »

ah I see, well edited!!

You made your point at 1.51pm. My post was edited at 1.14pm. Wrong again!

fluffymovie

Thank you all for your replies.

I have had some training on how to be a trainer but the job that we do is very much on the job learning (I work for a local authority).

I have been in the area I work in for almost 9 years and have successfully mentored and trained a couple of other people.

both the people concerned have raised issues with the way I have trained them in the past and one of them reduced me to tears in a feedback session but I have honestly done my very best by them.

I don't think the situation was helped when my new role was made permanant and their trial periods were extended.

Don't want to sound snooty but our job is quite complex in areas and both these people had come to the role from within our area of work but with very little knowledge. I have spent months doing training plans, feedback and review sessions and checking of work.

When at a feedback session last week, I showed one of the staff members (the one who had made me cry!) his stats, his only response at being shown the errors was that "you can make numbers show anything that you want" which I took to mean that he thought I had made them up.

I am just worried that if they blame the training for their lack of a job, I will be on the chopping block again!

Thanks for reading and all your replies.