Probation Extension

Peddeh

Hello there,

Unfortunately today, rather unexpectedly, I was told my probation in my current role was being extended.

Rather than get into the reasons why, as that is not really what I take issue with nor am I disputing them (I did take issue with the fact some of the issues were only being brought to my attention today, but that's a story for a different day).

Long story short: I don't actually want to stick around in this role.

Because of this, I am considering asking my manager that we mutually agree to end my employment, on the basis that I do not believe it's going to work out, but I will also ensure to ask if any reference sought by another employer would be satisfactory.

My question is this: if I do go down this route, what recourse do I have for claiming JSA/Universal Credit? Some of my friends have suggested I just hand in my notice, as it will be easier to find another job having not been 'sacked'. This is all sounds great if you have another job lined up but sadly I don't, and fear I will have to resort to benefits.

baza52

if you resign you will get a sanction and may not get any benefits

Fireflyaway

My probation was extended in my previous job and like you I disagreed with some of the reasons. I still believe it was a way to push me out so they could get rid of my on bogus capability reasons. Anyway, again like you, I decided I didn't want to stay either!

My plan was to make it as easy for myself as possible so I made out id work hard on my areas of development ( knowing it was actually impossible to achieve) in order to pass my probation. The reason was to buy time. Whilst doing this I looked for another job. I then quit. So technically I quit before I was let go and my reference was fine. When I resigned I said something along the lines of ' although this position didn't work out, I do hope you recognize qualities in me that will enable me to succeed in the right position'.
Don't quit now before you have to. How long did they extend your probation by? They have to give you a reasonable length of time to improve.
I'd suggest making out you want to stay but then quit before they fire you just to buy time. If you resign I believe you can't claim benefits straight away. My advice is don't be picky about what you apply for. Just get a job. Keep the money coming in. At the same time look for things you really want to do.

Peddeh

Fireflyaway wrote: »

My probation was extended in my previous job and like you I disagreed with some of the reasons. I still believe it was a way to push me out so they could get rid of my on bogus capability reasons. Anyway, again like you, I decided I didn't want to stay either!

My plan was to make it as easy for myself as possible so I made out id work hard on my areas of development ( knowing it was actually impossible to achieve) in order to pass my probation. The reason was to buy time. Whilst doing this I looked for another job. I then quit. So technically I quit before I was let go and my reference was fine. When I resigned I said something along the lines of ' although this position didn't work out, I do hope you recognize qualities in me that will enable me to succeed in the right position'.
Don't quit now before you have to. How long did they extend your probation by? They have to give you a reasonable length of time to improve.
I'd suggest making out you want to stay but then quit before they fire you just to buy time. If you resign I believe you can't claim benefits straight away. My advice is don't be picky about what you apply for. Just get a job. Keep the money coming in. At the same time look for things you really want to do.

Hi there, thanks for replying.

My probation was extended by 1 month. I've already been applying for jobs about a month before today (as I'd already decided this role wasn't for me), but I'm only getting rejections (no interviews yet) .

I've spoken to a friend, who volunteers for the CAB, and he's suggested dismissal, as long as it was not gross misconduct shouldn't prevent me applying for Universal Credit, but has suggested I contact ACAS and discuss my situation confidentially to get proper advice, so I will try that.

TELLIT01

To be honest, if you can survive in the job I would hang on until you find another one. If you lose your job on the basis of not passing the probation period there is no likelihood of sanction unless misconduct is part of the reason for not passing.

Undervalued

Fireflyaway wrote: »

My probation was extended in my previous job and like you I disagreed with some of the reasons. I still believe it was a way to push me out so they could get rid of my on bogus capability reasons. Anyway, again like you, I decided I didn't want to stay either!

But unless your probation (which in any case has next to no meaning in law) lasted over two years they did not need a reason, bogus or otherwise, to get rid of you! They were quite entitled just to dismiss you, were not obliged to offer any reason and their only obligation was to pay you a week's notice and any outstanding holiday.

[Deleted User]

Undervalued wrote: »

But unless your probation (which in any case has next to no meaning in law.

I do struggle with this. How come then a number of companies can actually refrain from arranging pension contribution until you are actually deemed as 'having past probation'.

If probation has 'no real meaning' how are companies carrying out this process that someone must wait until they have been with the company a minimum of 3 months. Every single person in my dept has had the dreaded 'probation extended' but I can't ask them as they don't qualify age wise just yet for a pension so it will be interesting when my probation extends next month what happens with the pension that is meant to start. (business changing issue totally aside)

It's a bit like references have to be 'factually correct' - again seriously don't get how no reason can be given to the departing person, yet, a reference can be filled in that xxx didn't pass probation and that could be factually correct.

OP wherever possible I wouldn't make it easy on your current employer - have them make the moves, I've had a few jobs where especially in today's market to walk away on an alone what "I'll think will happen" will probably be to your detriment. Yes a HR person told someone I know it is better to resign but I think it very much depends on each unique occasion and not everything should be a resignation as you just make it worse for yourself. I would have a month on being extended too and my intention would be to carry on being paid along with some just for myself that I stuck it out and saw the ending - as for job hunting it always gets better after more weeks/months under the belt once new in a job you'll rarely get touched being fully honest but time moving on is great and does happen with a legitimate reason for job hunting. Things will start to look up.

Savvy_Sue

We're one of the companies which defers enrolment in our pension until after 3 months, which is entirely legal. We don't relate it to probation, which in our case may be 6 months, because it's not legal to defer enrolment in the pension for more than 3 months.

The two things are not related.

Undervalued

Deleted%20User wrote: »

I do struggle with this. How come then a number of companies can actually refrain from arranging pension contribution until you are actually deemed as 'having past probation'.

If probation has 'no real meaning' how are companies carrying out this process that someone must wait until they have been with the company a minimum of 3 months. Every single person in my dept has had the dreaded 'probation extended' but I can't ask them as they don't qualify age wise just yet for a pension so it will be interesting when my probation extends next month what happens with the pension that is meant to start. (business changing issue totally aside)

It's a bit like references have to be 'factually correct' - again seriously don't get how no reason can be given to the departing person, yet, a reference can be filled in that xxx didn't pass probation and that could be factually correct.

OP wherever possible I wouldn't make it easy on your current employer - have them make the moves, I've had a few jobs where especially in today's market to walk away on an alone what "I'll think will happen" will probably be to your detriment. Yes a HR person told someone I know it is better to resign but I think it very much depends on each unique occasion and not everything should be a resignation as you just make it worse for yourself. I would have a month on being extended too and my intention would be to carry on being paid along with some just for myself that I stuck it out and saw the ending - as for job hunting it always gets better after more weeks/months under the belt once new in a job you'll rarely get touched being fully honest but time moving on is great and does happen with a legitimate reason for job hunting. Things will start to look up.

Probation, used properly, may give the employee additional contractual rights if they are deemed to have passed. There could be a structured progression agreed which may include pay rises, additional holiday etc once certain milestones are passed.

However what it does not do is give any protection against unfair dismissal during the first two years. So "passing" a six month probation does not mean the employee's job is any more secure but it does mean that the employer must honour any contractual benefits it may bring.

Peddeh

Hi all,

Quick update for you all since my original post - I've now been notified that I've passed my probation this time around.

General_Grant

Peddeh wrote: »

Hi all,

Quick update for you all since my original post - I've now been notified that I've passed my probation this time around.

Thanks for coming back to let us know.

Are you still looking for another job?