Probation Period

John_Jizzle

Hi. I started a new job with a 6 month probation period.

I'm assuming if I dont pass they can get rid of me straight away - is this correct?

My second question is that if I pass probation can I actually just leave straight away or would i have to work my notice (which is 13 weeks)

thanks

anamenottaken

John_Jizzle wrote: »

Hi. I started a new job with a 6 month probation period.

I'm assuming if I dont pass they can get rid of me straight away - is this correct?

My second question is that if I pass probation can I actually just leave straight away or would i have to work my notice (which is 13 weeks)

thanks

If you don't pass, they would need to give you statutory notice (likely to be one week) but this depends on the actual terms in your contract about notice.

If you are advised that you have passed the probation period, then you would need to give them the notice as required by someone past their probation.

InsideInsurance

In the first year of your employment you can be gotten rid of without reason but your notice would have to be given unless its a case of you being fired for misconduct.

You always need to give your notice but what your notice is may change between under probation and post probation

Naf

My experience has been that during your probation period either you or your employer can get rid of you without any notice. Once you're signed off you would both need to give/be given statutory period.

SarEl

Naf wrote: »

My experience has been that during your probation period either you or your employer can get rid of you without any notice. Once you're signed off you would both need to give/be given statutory period.

And your experience would be incorrect. All employers and employees are expected to abide by the terms of statutory or contractual notice, whichever is the greater; and probationary periods have no meaning in law, so they are only relevant in so far as contractual benefits may change after a passed probationary period.

Jarndyce

With respect, it doesn't matter what other peoples' experiences have been nor whether or not you have passed your probation.

All that matters is what it says in your contract. if it says you have to give 13 weeks notice, why would you think you would NOT have to give 13 weeks notice?

(Sorry that was aimed at Naf and the OP not at SarEl - posted simultaneously)

Naf

SarEl wrote: »

And your experience would be incorrect. All employers and employees are expected to abide by the terms of statutory or contractual notice, whichever is the greater; and probationary periods have no meaning in law, so they are only relevant in so far as contractual benefits may change after a passed probationary period.

I knew you'd be along before long and give much better advice than I could; that's why I didn't post it as a statement of fact, just the way I've seen colleagues treated.
For example, while working for Santander at least 3 off my colleagues were not signed off their probation and were dismissed on the spot at their probationary hearing after just 6 months. So can employers not do this? What does statute say about it?

InsideInsurance

They could be dismissed on the spot but they would have to be paid their notice period as cash in lieu. This assumes they are not being fired in which case if there are disciplinary issues involved notice wouldn't necessarily be needed

heretolearn_2

Probationary periods are just a bit of a comfort blanket for employers - and they also make a bit of a point to employees (we use them) but they have no standing in law and all the usual contractual or statutory rules apply.

so no, you can't just dismiss someone without notice, and no, you can't just walk out without notice. If it mentions notice in the contract, then that has to be complied with. If it doesn't mention notice, then the legal statutory notice must be complied with, which in this situation would be one week's notice from either employer or employee.

when people are dismissed 'on the spot' what has happened is that they are given the correct notice period but are not required/wanted to work it. They still get paid for that period. We do this whenever we dismiss anyone, they are told, then they are given a few minutes to collect personal belongings then they are out the door (nicely as possible). You don't want someone who is !!!!ed off having access to your work/records/computers/customers etc. Last time I had to do I accompanied the guy back to his desk to collect his stuff only to have him start ripping up company paperwork so I had to practically throw him out!

Pete111

In my experience most probation periods come with a lesser period of notice attached. ie '1 month notice once you have passed probation but 1 weeks notice during probation'

OP have you checked your contract / company probation policy doc thoroughly re this? If there is nothing re notice and probation then your 13 week notice would still apply. The good news is that if you failed your probation then there is a good chance they would pay you in lieu as most employers don't want a disgruntled newish employee who they don't particularly rate hanging about!

Uncertain

Naf wrote: »

For example, while working for Santander at least 3 off my colleagues were not signed off their probation and were dismissed on the spot at their probationary hearing after just 6 months. So can employers not do this? What does statute say about it?

They may have dismissed them "on the spot" but they would have had to pay them for either the statutory notice period (one week) or longer if their contract required it. They would also have had to pay for any accrued holiday.

The contract could not lawfully require less notice than this as it would be unenforceable.

If your employer tried to get away with less the (ex) employees could take them to a tribunal regardless of length of service.