Do I have any rights whilst on a trial period?

Bungeebutt_2

Hi everyone, I am looking for a bit of advice. Basically I applied for a job repairing vehicles a few months ago, I was told there would be a 12 week trial period and if my work was up to scratch then I would get a permanent contract and my pay would go up by an extra couple of pounds an hour.
So, everything was going fine and my fellow employees were saying how great my work was and how i was putting other workers to shame. Then, roughly two weeks ago, my line managers attitude changed towards me, he pulled me off the jobs i had been doing and gave me all the 'lacky work', fair enough i thought so i got on with it. A couple of days after that the line manager pulls me in again and says that i cant have any of the floating days that employees get to take (even though i was told by HR that i was entitled to the days), which meant i had to cancel a long weekend break away. Again i had to accept it. Then last week i was pulled aside again and told that my money wont go up once the trial is finished. This week has been the worst of all, first off i was pulled aside and told that the cleaner/tea maker had been sacked and that i had to take over all their duties on top of my own (remember i am a vehicle repairer) so i am expected to clean the canteen and toilets and prepare tea for everyone. On top of that, someone is now sabotaging my work; i had more or less finished a vehicle and went for a comfort break, when i returned someone had thrown grit all over the vehicle and created dents etc, i called my line manager in to see the sabotage and he just rolled his eyes and walked off. I am definately getting the disticnt feeling that they want me out, and would prefer me to walk. I just found out today from a colleague that two young apprentices are starting soon who will get their wages paid by the government and thats when i realised that that is why this only started two weeks ago - basically that was when they found out they could get two employees for free and didnt need me anymore.
I feel so victimised and wish i could just quit, but jobs in my line of work dont come up often, my wife is on maternity leave ( therefore reduced pay) and we have two kids and a mortgage. I really need this job, but dont want to be a cleaner/tea maker and just want to be treated equally.
My question is, can i be sacked at the end of the trial period even though i have performed well in my role? Also, is it fair for me to be given completely different duties that are not in my job description?
I am soo fed up with this all, and advice anyone? ( sorry for the essay, i had a lot to get off my chest lol :mad: )

tizerbelle

Trial periods / probation periods are a red-herring and have no status in employment law. Unfortunately for you as an employee with less than 12 months employment (as you started there before 6 April 2012) basically apart from issues of specific types of discrimination/automatic unfair dismissal reasons (which don't appear to apply here) you have no rights and the employer can pretty much get rid of you at will.

The only thing you can do is submit a formal grievance in writing to your line manager and copy it to HR (or follow whatever grievance procedure the company has) and hope someone has the cojones to ensure this is dealt with correctly.

dseventy

In the first 12 months you can be sacked for any reason* or not even given one.

(Apart from discriminatory like age/gender/religion etc) which sounds like this isn't).


D70

Bungeebutt_2

Hi,
Thanks for the advice, deep down i thought as much. i am just so disappointed to be rely on this job and have to become a cleaner and tea maker to guys who are half my age with far less experience.
I guess i will have to keep doing the lottery and pray for a big win!!

MissSarah1972

Thought it was 2 years now?

They could sack you any time they wanted to be fair. I think they are peeved from what you have said that you are good at your job and the others probably do not like it!

Start looking for something else

anamenottaken

MissSarah1972 wrote: »

Thought it was 2 years now?

They could sack you any time they wanted to be fair. I think they are peeved from what you have said that you are good at your job and the others probably do not like it!

Start looking for something else

The OP started working for the employer before 6 April 2012 and therefore the one year point is when he would gain rights in relation to unfair dismissal.

When the increase to two years was first proposed it was assumed that it would be retrospective (ie instantly apply to anyone in employment even if they already had a year's service) but eventually the law became applicable only to those who began employment on or after 6 April 2012.

dseventy

Bungeebutt wrote: »

Hi,
Thanks for the advice, deep down i thought as much. i am just so disappointed to be rely on this job and have to become a cleaner and tea maker to guys who are half my age with far less experience.
I guess i will have to keep doing the lottery and pray for a big win!!

You have 2 kids and mortgage. Don't get a chip on your shoulder about people half your age who you have do things for. If you don't want to make tea etc then fine, but honestly drop the whole "half my age thing". It reduces your argument about making tea, as apparrantly its ok if the duties require giving tea to older people!

And praying & paying for a lottery win is not fair on the household either. Man up, do what needs to be done so you can look your kids in the eye when you get home. And look for a new job, its much easier to do this while you have one, rather than leave under a cloud and a bad reference stating "had an issue with people half his age".

D70

Pricivius

As others have said, there isn't much you can do about the way you are being treated, unfortunately.

But, if I were you, I would find out who the company is dealing with regarding the Work Programme Youth Contract apprentices (if that's what they are) and let them know that you are being pushed out to make way for them. If it is under the Youth Contract, then the company must be making these jobs available only because they are getting assistance with wages - they cannot sack people to make way for them. You never know - tell the right people (the DWP) and they might not get the wage assistance. What goes around comes around...