probation extended . help needed please !

DavidP24

melymay wrote: »

Evening all,

I work for a large major retailer and have worked there for the past 10 months. On 24th December, after 6 months I had my probation extended citing 4 issues - 2 incidents (3days) of absence, failure to fully join in project work, further systems knowledge - advanced and being proactive rather that reactive.

Over the pat 3 months all of these areas have been addressed and concidered not to be any further isssu. I have made reapeated requests to finalise the probation period from 24th March. . to no avail. This morning at 10 am I was asked to attend a meeting at 2pm, leaving me no time to prepare - but had some ongoing information to add to the meeting. The result being that I was informed that there were now 'concerns' about my general attitude !

Anyway , to cut a long story short, been told today that I will asked to attend another meeting on Thursday with the site manager to acertain one of 2 outcomes - ethier extended for another month or dissmisal for failing probation.

I am well aware that as I have not completed 12 months continuous service this limits me from approaching the situation as regards to ET, but wondered if anyone has any ideas, or a potential way to enter into this ?

Many thanks for reading,
MM

Sounds like it might be a case of constructive dismissal, this is where they want to fire you and just go through the motions of saying they are not happy with your work.

If you have been there less than two years you have no rights.

Try to find out if there is someone cheaper about.

Ask yourself if you do have an attitude problem or a conflict with a certain member of staff (usually someone promoted beyond their ability and feeling threatened by you).

Best advice is look around and get yourself a new job, it is easier to find work when you are already working.

Good luck

terra_ferma

Pete111 wrote: »

Emmzi is correct in that there was some case law a couple of years ago where it was ruled that someone going past a probation end date with no confirmation of extension/failure was deemed to have passed by default.

I'm afraid I don't agree with Terra Firma (Sorry TF!) re your chances as you are still within your first 12 months of service and realistically you are going to struggle to make any claim stick as you have no right to unfair dissmissal.

It's possible you could find a lawyer to argue there was a breach of company process but without unfair dismissal and unless there has been discrimination against you (ie race, sex, age etc), most are simply not going to be interested.

As such you may be on a loser here I'm afraid. The one thing I would add is that in some companies (inc mine) your notice period increases after probation. If this is the case with you (check your contract) and they do dismiss you, it is worth arguing that you are owed the longer period of notice pay as your probation had already 'ended by default.' At least that way you might get a bit more cash.

P

If the OP was an employer or junior manager I would have given different advice (probably kept quiet because other people give very good advice here...)

In the case of senior management things work very differently. I have seen companies paying (not huge amounts, but a few month's salary) just to get rid of people they don't want (and well BEFORE the 12 months period!).

How a company would deal with a senior employee is totally different than how they'd deal with more junior staff (by senior I mean reporting to at least a director/COO etc). It's not about what the law says, but what practical damage the person can cause. The more senior you are the more dangerous you can be.
There are a lot of factors involved (in particular how much damage because of bad publicity from a ET case, or because of business intelligence potentially taken to competitors) that would make a difference.

A compromise agreement is a good way of saving your career, which is worth a LOT of money when you are in senior jobs.
On the other hand for a senior manager ET is the kiss of death to any career aspirations. It's BAD BAD BAD advice, unless someone has no other options left.

I can't go into any details here, but what I'm saying here has been tested, and by more than one person I know. All less than one year in post, but able cause a lot of hassle.

melymay

Many thanks to all who replied.

Update is - didn't receive the letter about the mtg tomorrow, so has been postponed until Friday 1pm. I was the first manager to start out of 7, so am therefore the one up against this sort of issue. One of the other new managers is in exactly the same position and will be having his meeting tomorrow (different shift pattern from me).

2 more of the later employed managers have been put on extended probation - another 3 months- over the past few weeks.

Would this suggest to some that we are all inclusively s**t managers, that the recruitment process is at fault, or as we have all concluded - the predicted upturn in business has not been fulfilled and ths is a big get out clause.

I work in an almost male dominated environment and have done for about the past 6 years and there is an element of people not wanting a female manager, but generally have found this to be the case from the shop floor workers not my peers or senior managers. But to answer the question from an earlier post, I have not felt that my 'face fitted' with certain members of the mgt team from the off, but hey ho, something you have to learn to deal with !

have loads of questions to put to the 'panel' on Friday and hope that my fact finding mission will give them no option but to re-extend probation, however I'm well aware that this may only buy me another months grace. But the feelers are out for another job - would be a fool not too !!

Thanks for reading and letting me go on

MM

terra_ferma

From the additional information you have given I have two things to add:

discrimination is not limited by the 12 months rule, regardless of your intentions of using this, or it actually taking place, it will be in your employer's mind (as long as they are the sort that know and care about these things.... instead of the sort that end up being taken to ET and pay out a lot of ££££).
(BTW if there are other 3 managers in a similar position, who from the sound of it are men, it does not sound like you would have a straight forward case for discrimination)

I might have misunderstood what you meant by senior management position, maybe more senior than others, but sounds more like middle management, so your bargaining power may not be that strong. But you may still be able to negotiate an amicable exit and a good reference.
Even if they extend your probation this will still come out in the references they may give to a new potential employer.

Well a third point: make sure you learn from this situation as well, so that you don't find yourself in the same position in future. Being improving performance/attitude, or how you deal with being the only woman, whatever applies (and you only know)