Probabtionary period in the NHS

t0rt0ise

I have read a lot here about how probationary periods mean little because you have few rights in the first year anyway, but what happens in the NHS when you move jobs. While your continuous service counts for annual leave entitlement and so on, the new contract states there's a 6 month probationary period where they can get rid of you with little notice or reason. Does that still stand even when you've been working in the NHS as a whole for longer than year?

KiKi

t0rt0ise wrote: »

I have read a lot here about how probationary periods mean little because you have few rights in the first year anyway, but what happens in the NHS when you move jobs. While your continuous service counts for annual leave entitlement and so on, the new contract states there's a 6 month probationary period where they can get rid of you with little notice or reason. Does that still stand even when you've been working in the NHS as a whole for longer than year?

If your service is continuous, then no. 'Probation', as you say, really means nothing unless your contractual T&Cs change as a result of 'passing'.

But in terms of your statutory rights (such as dismissal), 'probation' after a year's service (in any number of jobs for the same organisation) has no impact.

HTH
KiKi

SarEl

KiKi wrote: »

If your service is continuous, then no. 'Probation', as you say, really means nothing unless your contractual T&Cs change as a result of 'passing'.

But in terms of your statutory rights (such as dismissal), 'probation' after a year's service (in any number of jobs for the same organisation) has no impact.

HTH
KiKi

Sorry - I do not entirely agree with this. It is 97%, but not 100% - and the devil is in the 3%, so it is worth being utterly clear about what a probationary period is. Kiki is absolutely correct in so far as statutory rights etc are concerned - and probationary period after one years continuous service still attracts protection against unfair dismissal etc - it doesn't turn the clock back. And probation doesn't exist in employment law. But I don't agree that it really means nothing - especially not if the probation is being managed properly.

Probation is an opportunity to demonstrate that you are suited to the role you have been appointed to, and to provide additional support and training to enable someone to "step up" to their new responsibilities. Equally it is an opportunity for the employer to decide that someone is not up to the task and terminate their contract.

Where someone already has one years continuous service, then as with any performance management process (which is what probation really is), the employer must show that they have just cause for terminating a contract and have used a proper process, or they risk a claim of unfair dismissal. But if an employer manages probation properly and well, and deems the person unsuitable for the new role, a dismissal would be fair. To a great extent this is obviously true at any time after one years service, but you could argue that probation is a way of "reminding" you that the job isn't yours free and clear, and you still have to prove that you can do it.

I just think that it is worth remembering this - it is sometimes the case that people assume too much about their rights when moving into a new role with the same employer. They think that simply because they have passed the magic twelve months their employment is safe (-ish) barring redundancy or disaster. But if somebody moves to a new psoition and does not meet expected standards in the probationary period, and the probation is managed correctly, then they can be terminate without redundancy and without the right to return to their former position.

I suppose that you could say that it is an honest reminder from the employer that they are watching your performance, which they may do all the time you work for them, but once most people have settled into jobs they coast the performance bit without attracting too much undue attention, and it becomes easy to forget that there are "watchers" if you always coast along doing well, or at least ok.

So whilst you have the legal protections etc that a new starter wouldn't have, I wouldn't say it means nothing - if an employee fails to meet expectations then it may definitely mean something.

t0rt0ise

Thank you. Having just reread my contract and the probationary policy, I suspect that if carried out according to their own rules, it would be legal. The bit I wonder about is the period of notice. They say they will give a week's pay in lieu of notice but if someone has worked in the NHS as a whole for much longer, should they be given more notice or does employment with each Hospital Trust count as a new job in this regard?

I don't really need to know this as I have no intention of being fired but it interests me.

SarEl

No - you would be entitled to at least statutory notice (more if contractual notice is more) if they decided to terminate due to a failed probationary period. Your continuous service remains intact.