Rights for work, probation period.

Protocol45

Hi all

2 questions. Firstly, my job contract states I will serve a 6 month probation. Yet myself and others have been there far longer. Myself is 10 months, others over a year. My question is, is they say on my contract 6 months, but decide to sack me after 10, even though I've had no official probation passed meeting/letter, are they right to do so?
I know people can be sacked, but I was under the impression that they have to have a really good reason after probation, rather than, "I just don't like your hair".

Secondly, this is more tricky. There is a guy at work we have long suspected is a pedophile. A few things he has said and his internet habits point to this. But the other day, from a night shift, he left his usb stick in. It contained images of a clearly underage girl (people report 11/12) in underwear.
It was reported to the boss, but I was thinking he would be led away by cops. Instead, his usb stick was given back to him and told to leave, suspended for a month with FULL pay.
Any evidence on him he took with him. A member of staff was recently fired (who was still on probation) for a few reasons, but the prime one was he stood up to the bosses saying he doesn't want to work with a pedophile. They let him go.
I guess my question is, did they handle it well? Could they call the police? We all know that if the police took his home PC away, he would be arrested. None of this happened, he in effect has been given a month off work, fully paid and will no doubt return to work next month. Just after some thoughts really.

Takeaway_Addict

1) They can sack you anytime upto the first 2 years for no reason, probationary means very little. You still get protection from discrimination in the eyes of the law etc as well as standing up for statutory rights.

2) If you are so sure why have you not reported it to the police? I would be very careful about what you accuse people off because whilst the evidence maybe pointing in one direction if you are wrong you could end up like your colleague but if you are sure then again why have you not reported it to the police?

WestonDave

On the first point, I'm afraid probationary periods are largely meaningless. Unless you have been there for 2 years (used to be 1) then they can dismiss you without any reason provided it is not due to an outlawed form of discrimination (e.g. sex discrimination). These days probationary periods often just mean a period of lower pay after which they might increase it if they think you are worth it - in terms of job security it means nothing.

Second issue is between the employee and the employer. Its possible they might be in trouble later for not reporting it, but if they want to keep him on the payroll for doing nothing its largely their concern. You could of course tip the police off anonymously saying that his work computer had some dodgy stuff on it so they might want to look at what he has at home etc, but it would be down to the police to investigate. To be fair to the employer, their remit is largely down to breaches of employment contract and they would need to deal with that respecting the confidentiality of the employee - if you were up for a disciplinary issue (as yet unproven) you'd not be best pleased if the rest of the workforce were being given daily updates on what was happening to you!

Dogger69

If you saw that he had indecent pictures of underage girls it is your responsibility to report it to the police, not to leave it to the employer who may or may not do something.

harrys_dad

He may be suspended, with full pay, whilst an investigation takes place. Suspension is a neutral act.

Any

Sorry, but there has to be an investigation. You don't just find some USB stick, should pedo pedo and police comes in all tyres schreeching and employer screaming you are sacked you are sacked, no pay for you!!! That only happens in movies!!

The USB stick might have not been his. Someone might have been out for revenge and do it on purpose. etc etc

If the employer did things wrong, they would pay a lot more then 1 mths full pay in the courts!! So they are being carefull. Understandably.
If they find proof it is his and he has downloaded it, they might find more stuff, police can still be called.

If you were so sure you should have contacted police yourselves.

And the guy standing up and saying he is not working with a peadophile should have been sacked in my opinion. Unless he came up with a proof and had something more then some rumours, then claims like those, especially said out in front of other people with no backing behind the claims can be viewed as deffamation of character and bullying.

Edit: Perhaps not sacked, depending on the other ofences. But people have to realise they cannot say just anything without proof. And if one is still in probationary period, it is quite something to be this open mouthed.

CFC

Very sensible words, Any.