Probation extended despite good performance

Ginger_Winner

I have recently started work for a Limited company as a marketing manager. It is part of this company’s policy to put new starters on 3 months probation with a 1 week notice period compared to the 3 months when fully employed. During the first month of this period my boss left and I reported directly into the CEO, subsequently a new boss was appointed 1 month before then end of my probation.


The last 3 months have been somewhat challenging, but I believe that I have performed well and have received no negative feedback.


On the final day of my probation, my new boss has told me that he is going to extend my probation for another 3 months but change the notice term to 1 month. He has stated that this is not based on the quality of my work, but he needs more time to assess me. This took place 9 days ago and I have received no formal documentation or email to clarify this.


My question is where do I stand legally in this situation? I would have thought that an extension of a probationary period would need to be on the basis of my performance rather than senior management changes. I’m concerned that my boss is looking to replace me but needs more time. Any advice would be very gratefully received.


Many thanks.

Sambucus_Nigra

Even if he does, we as a nation have very few employment rights until we have been employed for 2 years. So the issue here is notice period. What does your terms and conditions say about notice period - if it says 'on satisfactory completion of probationary period your notice will increase to 1 month' then either you have completed the probationary period satisfactorily or you haven't in which case the notice period should stay at 1 week.

Probation periods are a red herring in terms of safety - it only might give you more benefits internally, the 2 years inability to claim unfair dismissal* still holds for the full 2 years.

*Unless for reasons relating to various issues such as discrimination, maternity, whistle-blowing etc...

System

An employer can dismiss someone within the first year without having to give a reason, and does not even need one.
"Probation period" is a useful internal yardstick to ensure that new employees' performance is properly monitored, and it may, as in our company, accompany an increase up the pay scale when completed, but it means nothing in legal employment rights terms.

mildred1978

Clifford_Pope wrote: »

An employer can dismiss someone within the first two years without having to give a reason, and does not even need one.
"Probation period" is a useful internal yardstick to ensure that new employees' performance is properly monitored, and it may, as in our company, accompany an increase up the pay scale when completed, but it means nothing in legal employment rights terms.

Corrected for you.

Takeaway_Addict

mildred1978 wrote: »

Corrected for you.

Technically it can be both at the moment depending whether you were employed before or after(including) Apr 6th (I think its this date, maybe the 5th April).

Before then only 1 year (which the OP fall into) and after 2 years.

mildred1978

Takeaway_Addict wrote: »

Technically it can be both at the moment depending whether you were employed before or after(including) Apr 6th (I think its this date, maybe the 5th April).

Before then only 1 year (which the OP fall into) and after 2 years.

The OP has been employed for 3 months as at mid October. So started employment in mid July. So it's 2 years, as I said.

Sambucus_Nigra

Takeaway_Addict wrote: »

Technically it can be both at the moment depending whether you were employed before or after(including) Apr 6th (I think its this date, maybe the 5th April).

Before then only 1 year (which the OP fall into) and after 2 years.

It's a 3 months probation issue, so October minus 3 months does not take them back to April. Basic maths.

Takeaway_Addict

Sambucus_Nigra wrote: »

It's a 3 months probation issue, so October minus 3 months does not take them back to April. Basic maths.

True, I read the 9 days as 9 months...was skim reading

* slap me on the wrist!

Ginger_Winner

Thanks for the advice.

I am good at my job, so I have no concerns about being dismissed on a performance related basis. What worries me is that whilst on 'extended probation' that I could be dismissed without justification. While my notice period post probation is 3 months, the initial probationairy notice period is 1 week - both of which are specified in my contract. My new probationairy notice period is 1 month which isn't long enough to find another job if I find myself in that unfortunate position.

I also can't help thinking that my secondary notice period should be confirmed to me in writing rather than just verbally and I question how it could be exercised with out any formal documentation. Just knowing where I stand would be really helpful and enable me to make an appropriate decision...

mildred1978

Ginger_Winner wrote: »

Thanks for the advice.

I am good at my job, so I have no concerns about being dismissed on a performance related basis. What worries me is that whilst on 'extended probation' that I could be dismissed without justification. While my notice period post probation is 3 months, the initial probationairy notice period is 1 week - both of which are specified in my contract. My new probationairy notice period is 1 month which isn't long enough to find another job if I find myself in that unfortunate position.

I also can't help thinking that my secondary notice period should be confirmed to me in writing rather than just verbally and I question how it could be exercised with out any formal documentation. Just knowing where I stand would be really helpful and enable me to make an appropriate decision...

As said before, probation is a red herring. You can be dismissed for any reason (apart from those defined in law as discriminatory) at any point until you have 2 years service. They can just tell you to go with no reason if they like.

Jaybee_16

It wouldn't be an unusual situation. It is not about performance but whether the new manager thinks you are suitable. The manager hasn't been in the job long enough to assess you so your probation period is being extended.

Personally I would go with the flow, but ask why the notice period has been increased.

To be blunt, at the end of the day you can either accept their decision or challenge it and risk the repercussions.

You should receive something confirming the change but it has only been 9 days, so be patient.