New employment: Probationary period

Snakey

So, I started work on 1st April. My contract says the first six months is a probationary period, during which I can be got rid of with just one week's notice. It says "At the end of this period, you will be informed if you have successfully completed your probationary period. We reserve the right to extend your probationary period should we deem it to be necessary/appropriate."

The place is a bit of a shambles, organisation-wise, and I am 90% sure that they have forgotten all about this and the deadline day will come and go unremarked.

Does this mean that on 1st October I move on to the "normal" contractual notice period by default, or do I stay on probation (with one week's notice) until such time as I am formally advised that I've passed?

maskerade

We have a similar probationary period and i tell new starters that if they haven't heard by the review date assume it is fine. If in doubt maybe ask your manager?

LittleVoice

Other than a change to the notice period required to be given by the employer, are there any beneficial changes if the probationary period is passed? Longer holiday entitlement? Better company sick pay scheme? Season ticket loan? Any detrimental - longer notice period for you to give to the employer when you may want to leave quickly?


If there is nothing to gain, I'd not chase for confirmation of passing probation.

[Deleted User]

I'd just keep a note of the 6 month finish date and if nothing is said you can certainly ask around the time.

Some companies tend to put this in the contract to cover themselves generally. I've worked for firms that never noticed the probation period being over and it was never commented on.

MsBlonde

A company I worked for had a 6 month probational period, come 7 months they decided to "review" my progress and despite no actual issues with myself or work, they "extended it"... netherless the 1 week notice works both ways and I took advantage of this and quit

Snakey

Yeah, that's kind of what I'm thinking, MsBlonde, although with me I have a concern that this particular outfit do have something of a reputation for getting rid of people just like that. I don't care if that happens to me, but I do care whether they have to pay me one week's money or three months' money for the privilege.

If it's possible that they might - successfully - be able to call me in six or eight weeks later and say "oh by the way you failed your probation, yes I know it's after the date but we had actually extended it - oh, didn't anyone tell you? Whoops, miscommunication at our end clearly, sorry about that, but anyway here's a week's pay as per the contract, don't let the door hit you on the way out", then I want to at least be aware of this.

I will only approach them if the position is unclear - if I can get comfortable that the legal position is that it switches to normal "non-probation" contract terms after six months by default, then I'll keep my head down until it's too late for them to do anything to stop it.

shortcrust

Out of interest, would the contractual notice period really be three months? Seems odd for a company that likes to get rid of staff quickly when the statutory notice period is only two weeks.

Snakey

I was fluffing the numbers slightly for fear of the thousand-to-one chance that someone from my firm's HR might happen to be hanging out here this afternoon.

In my line of work the standard notice period is three months for manager and above. This particular firm says only two months (they tried to make it one month and I refused). If they tried any less than that for hires at this level, I think they would lose credibility with agents and candidates alike as there's only one reason for wanting a really short notice period and that's that you like to kick people out a lot. I'm sure they would if they thought they could get away with it.

Even worse, it's not evenly matched - so if you hand in your notice they can choose to make you work every last day of it or (if they decide they'd rather pay you off) give counter-notice for the shorter period and save themselves some money on the pay-off.

The probation period notice is two weeks for them and one month for me (they wanted one week for them but I refused, since I could easily have ended up owing them money for excess holiday days, which would be really unfair since you obviously wouldn't have taken them if you'd known they were planning to get rid).

There is somebody starting in a few weeks' time who could potentially displace me - hard to tell. Like I said, I don't care if he does (I had a rough time in my last job and it has really affected my attitude towards unemployment - the worst happened, and it wasn't actually that bad, so I'm no longer scared), but I do care if they can gyp me on the pay-off.

ohreally

Snakey wrote: »

Even worse, it's not evenly matched

A master/ servant relationship never is.

getmore4less

shortcrust wrote: »

Out of interest, would the contractual notice period really be three months? Seems odd for a company that likes to get rid of staff quickly when the statutory notice period is only two weeks.

One week for employer after a month upto 2 years then one week per year up to 12

and only one week for employee no matter how many years.

jobbingmusician

Doesn't anyone on here remember what SarEl used to say all the time?

'Probationary periods are a red herring. The important date is 2 years after you start, when you gain (the next word is an edit) full employment rights' (or words to that effect).

Yes, you may get a slightly longer notice period, but they can still dismiss you on a whim until the 2 years is up. I would keep my head down, and just let the time tick by!

Welcome to the Victorian standards of employment of the 21st century