Validity of probationary period

productof80s

Hi all,

Can I clarify whether I am in a probationary period of a role?

I was in a role from mid last year and this position was dissolved. I applied for and obtained another position within the company but this 're-deployment' was not suitable due to the distance involved.

I explained I was prepared to 'drop down' out of middle management and are now undertaking a role I used to undertake a few years back at a different location.

I have been in continuous employment with the company.

My question is;

Is that having started a new role at a new site, will I still be under the probationary period as a new employee?

Regards

B

General_Grant

If they have not told you, then how can you be?
What difference does it make - less holiday?

jobbingmusician

Probationary periods don't mean anything, whereas 2 years' continuous employment certainly does. The only exception is if your own company has specific rules for probation, such as annual leave (not being able to take any in prob period). Even in that case, the company would have a hard time arguing that leave already accrued in the previous post couldn't be taken during a long prob period.

productof80s

Hi,

It links back to an earlier post regarding notice periods. Someone mentioned it to me, so I was wondering whether it actually applies.

I'm not sure as it is continuous employment. Then again it was a new contract issued very recently, so regardless of coming 'down' from former rules, I would still have to be the same as a 'new employee' would I not?

Kind regards,

B

eamon

The key thing is continuous employment. AFAIK your job title/description isn't relevant. With less than 2 years service your rights are limited.

jobbingmusician

That would seem to depend on what said contract actually says!

Ja7188

Probationary periods often carry a shorter notice period and based on the OP's other thread...

https://forums.moneysavingexpert.com/discussion/6026335/leaving-before-full-notice-period-7-weeks-given

...I'm assuming that they're hoping that they ARE deemed to be in a probationary period so that leaving part-way through the "standard" notice period doesn't constitute a breach of contact.

jonnygee2

In terms of employment law, 'probation periods' aren't really meaningful. They are more something useful for companies internal.

Your contractual terms (notice period, holiday etc) are whatever is agreed between you and your employer. So if a few months ago you signed a new contract that says your notice period is one week for the first six months of this new role, then it's one week. It doesn't matter if it's called probation or something else, those are the terms.

What does the paperwork say?

theoretica

In my work for internal promotions you do go through the probation period again, but because of continuous service if you fail your probation you go back down to your previous role. Not sure how relevant that is to your case.

jobbingmusician

Ja7188 wrote: »

Probationary periods often carry a shorter notice period and based on the OP's other thread...

https://forums.moneysavingexpert.com/discussion/6026335/leaving-before-full-notice-period-7-weeks-given

...I'm assuming that they're hoping that they ARE deemed to be in a probationary period so that leaving part-way through the "standard" notice period doesn't constitute a breach of contact.

jonnygee2 wrote: »

In terms of employment law, 'probation periods' aren't really meaningful. They are more something useful for companies internal.

Your contractual terms (notice period, holiday etc) are whatever is agreed between you and your employer. So if a few months ago you signed a new contract that says your notice period is one week for the first six months of this new role, then it's one week. It doesn't matter if it's called probation or something else, those are the terms.

What does the paperwork say?

Exactly. It depends on your contract.

Marcon

Why does it matter?