Unsatisfactory performance during probation period

adonis10

Hi

A question about probationary periods and subsequent termination. I joined a company on a 12 month contract and was given a 3 month probationary perod. I have had monthly 1-1 appraisals with my line manager and the latest one also included the standard 'end of probation' discussion. I have not performed well enough for my contract to be confirmed and am under-achieving. The fact is that the company has a deadline by which the project needs to be completed and they have concerns that my experience/skill set is not good enough.

I have been invited to a 'formal probation meeting' with my line manager and her manager. From what was said in the latest 1-1 (things like "should you decide not to continue, the standard 1 week notice period exists" and "should we decide not to extend your contract, you'll be dismissed on that day with an extra week's pay") I am assumng that I'll not be kept on as they'll want to get someone in, who has better experience, to continue the project.

Basically, are they allowed to do this? Should I not have been informed of my under-achievement before this latest meeting? Do they not have to go through a standard disciplinary procedure?

I am not too concerned as I dislike the role and frankly agree that I do not have the experience in this particular area to do the job well enough. However, if they are not legally allowed to do this, I'd like to know.

Thanks for your help.

Jarndyce

They can get rid of you without any good reason for the first 12 months of your employment. Probation procedures have no legal standing or relevance. Sorry.

ILW

Within the first year, you can be dismissed with no reason at all. Subject to discrimination legislation.
You would be due holiday pay etc though.

daveboy

....and it seems, that from April, for the first 2 years you can be dismissed without good reason.

Although this hasn't been confirmed, it is widely expected.

adonis10

Thanks for the info.

Back to job seeking it is, then!

BackOnTrack

I'd be tempted to hand in your notice before the meeting. That way at least your current employer can't say you failed your probation period in a reference and you can say in future interviews you decided to leave as you didn't feel the role was right for you.

adonis10

BackOnTrack wrote: »

I'd be tempted to hand in your notice before the meeting. That way at least your current employer can't say you failed your probation period in a reference. .

I have considered this option but am concerned that it would compromise my eligibility for jobseekers allowance. I obviously don't want to claim JSA but I do not know when I'll get a new job (may be a week, may be 2 months) and have bills to pay. On the flipside, is a month or two of JSA worth the bad reference for a new employer?

Are they allowed to say that I was dismissed?

I may prepare a letter of resignation, take it with me to the meeting and pull it out if it looks like I am going to be fired. Do you think this would be accepted?

BackOnTrack wrote: »

..you can say in future interviews you decided to leave as you didn't feel the role was right for you.

Also, say I am out of work for a month, a new employer may deem it strange that I've just quit a job that doesn't suit me without having a new one lined up and having no idea how long I'd be out of work. Imagine I am sat in an interview in 6 weeks time and am asked "so why did you leave?" etc..

Uncertain

adonis10 wrote: »

Are they allowed to say that I was dismissed?

If it is true then yes.

adonis10 wrote: »

I may prepare a letter of resignation, take it with me to the meeting and pull it out if it looks like I am going to be fired. Do you think this would be accepted?

Well they cannot refuse to accept it!

However, there is little if any difference between a reference that says "dismissed" and one that says "resigned when informed that his work was unacceptable".

adonis10

Uncertain wrote: »

If it is true then yes.



Well they cannot refuse to accept it!

However, there is little if any difference between a reference that says "dismissed" and one that says "resigned when informed that his work was unacceptable".

True. Guess it depends on what kind of mood they are in when they issue the reference. They may just decide to say that I resigned and no more.

C'est la vie. I'll just go to the meeting, see what happens and react from there. I'll just have to put positive spin on it. I didn't have the experience necessary to do the job, perhaps they should have delved a bit deeper and/or explained in more detail exactly what I'd be doing/need to do.

adonis10

Also, what do you think I should do in terms of my CV?

Options:
1. Say that it was a short term contract and it came to an end, and hope that they don't say otherwise in their reference.
2. Say that I failed my probation.

Difficult decision. I feel a little aggrieved given that I was hired based on my experience even though I don't have experience doing the actual role that I am employed to do. However, if I say it was short term and came to an end and they say otherwise, it'll look bad to a new employer.

Mara69

adonis10 wrote: »

perhaps they should have delved a bit deeper and/or explained in more detail exactly what I'd be doing/need to do.

As should you.

Lots of blame towards your employer, not a lot being taken on by you.