Failed Probation Period (Unfairly)

Money_Wasting_Expert

I have been working at a company for 5+ years, with no previous issues.

I left the company to start work elsewhere, but I didn't enjoy my new role.

I applied back at my previous role after a couple of months, and they was more than happy to take me back on. (The nation leader even approved my coming back with a pay rise as my work was good.. )

Once I was working back in my previously work place, I fell sick under mental health for 3 months and I was in a very bad place. In the meantime, they recruited a new member of staff.

After my 6 months of probation period, they are now saying that I have failed due to the following reasons:
1. I have been coming on bang on time (8AM) on the dot, it could be earlier.. (excuse)
2. I have avoided a certain activity outdoors as I had a chest infection (it was too cold). My usual activity is in an office).   (excuse)

That's it, literally!   I feel the reason they are getting rid of my is because they recruited someone new while I was off, and they need to cut back on someone. I would say I have been perfect during my probation, I have had no complaints.

Is there any legal rights I have? It seems a complete mess, and so corrupt! My anxiety is really bad at the moment. 

[Deleted User]

No. The reasons they've given are more than acceptable - and they don't particularly need to have a reason.

Arriving at the precise time you're meant to start work is always frowned upon. The usual practice is to get in at least a few minutes before, so you're ready to go at your start time. So at least something to bear in mind for your next role.

Chris_English

As above, you can be let go for any reason, or no reason at all, as long as it’s not because of one of the protected characteristics.

On the starting time point, do you mean that you were at your desk ready to start work at 8, or that you were walking through the front door at that time? In general employers expect you to be at your desk ready to work at the start time, rather than being there ten minutes later after getting a coffee and having a chat.

Undervalued

Money_Wasting_Expert said:

I have been working at a company for 5+ years, with no previous issues.

I left the company to start work elsewhere, but I didn't enjoy my new role.

I applied back at my previous role after a couple of months, and they was more than happy to take me back on. (The nation leader even approved my coming back with a pay rise as my work was good.. )

Once I was working back in my previously work place, I fell sick under mental health for 3 months and I was in a very bad place. In the meantime, they recruited a new member of staff.

After my 6 months of probation period, they are now saying that I have failed due to the following reasons:
1. I have been coming on bang on time (8AM) on the dot, it could be earlier.. (excuse)
2. I have avoided a certain activity outdoors as I had a chest infection (it was too cold). My usual activity is in an office).   (excuse)

That's it, literally!   I feel the reason they are getting rid of my is because they recruited someone new while I was off, and they need to cut back on someone. I would say I have been perfect during my probation, I have had no complaints.

Is there any legal rights I have? It seems a complete mess, and so corrupt! My anxiety is really bad at the moment. 

Few, if any I'm afraid.

Unless it was specifically agreed that your re-employment would be considered as a continuation of your previous five years service, you are a new employee. Therefore with less than two years service you have very little employment protection.

Probation has very little meaning in employment law. Generally all it entitles you to are some additional contractual benefits if you are deemed to have "passed". In a way, as a new employee, you are on "probation" for two years as you can be let go for almost any reason (or none at all) during that time just by giving you a week's notice (or more if your contract so requires).

Sandtree

You are a new employee and so with less than 2 years service they dont have to give you any reason for letting you go... only if you can demonstrate it is due to discrimination based on a protected characteristic (gender, sexual orientation, religion etc) do you have any case to answer.

I personally would question how happy to have you back they really were... its one thing to have a member of staff that leaves and after several years returns at a higher level but another to have someone go and come back shortly after to their old job. For many employers you'd have a marked card as someone who's clearly open to other opportunities elsewhere and so not worth investing in

NCC1701-A

Money_Wasting_Expert said:

I have been working at a company for 5+ years, with no previous issues.

I left the company to start work elsewhere, but I didn't enjoy my new role.

I applied back at my previous role after a couple of months, and they was more than happy to take me back on. (The nation leader even approved my coming back with a pay rise as my work was good.. )

Once I was working back in my previously work place, I fell sick under mental health for 3 months and I was in a very bad place. In the meantime, they recruited a new member of staff.

After my 6 months of probation period, they are now saying that I have failed due to the following reasons:
1. I have been coming on bang on time (8AM) on the dot, it could be earlier.. (excuse)
2. I have avoided a certain activity outdoors as I had a chest infection (it was too cold). My usual activity is in an office).   (excuse)

That's it, literally!   I feel the reason they are getting rid of my is because they recruited someone new while I was off, and they need to cut back on someone. I would say I have been perfect during my probation, I have had no complaints.

Is there any legal rights I have? It seems a complete mess, and so corrupt! My anxiety is really bad at the moment. 

If you owned the company, would you employ someone who had been off for 3 months in their first 6 months requiring the company to pay someone else to do their job and also refused to carry out their duties when they were actually there? 

 

Dakta

Jills post above sort of goes along with what I was thinking, 

- you attended half the probationary period
- during the time you did attend, there were further issues which prevented you from undertaking all tasks
- you were returning to a job you'd already left previously

I think what has happened here, and without wanting to appear critical in any way, the business has had to make a business decision - because no matter how genuine the situation is for not being able to attend work, the need for a job to get done doesn't diminish and - how to word this - you've sort of become a risk in the sense that you've not been able to be reliable.

This has meant the company has had to take actions to get the job done and that has likely induced extra admin, inconvenience and possibly cost

So thats likely the reason you've failed probation because the company can't shoulder it

What can you do about it? As I understand it mental health can be a protected characteristic so in my understanding that could be dodgy ground if the absence for that that were the reason for your failure of probabtion BUT the issue is this -> it's not the reason they have given - they have said you weren't timely and that you avoided certain activities for them being cold.

As above, at this level of service wearing the wrong colour socks is sufficient to let someone go (and at this stage they don't really have to say why anyway) so i think the best strategy for you is to move forwards and find something new in the same way the company you worked for has had to move forwards too. 

Might be worth starting a new thread to discuss how to move forward because I'm sure there will be a way to honestly put on your CV or respond if asked about your employment history what has happened in a constructive but not untruthful context.

Marcon

Money_Wasting_Expert said:

Once I was working back in my previously work place, I fell sick under mental health for 3 months and I was in a very bad place. In the meantime, they recruited a new member of staff.

After my 6 months of probation period, they are now saying that I have failed due to the following reasons:
1. I have been coming on bang on time (8AM) on the dot, it could be earlier.. (excuse)
2. I have avoided a certain activity outdoors as I had a chest infection (it was too cold). My usual activity is in an office).   (excuse)

That's it, literally!   I feel the reason they are getting rid of my is because they recruited someone new while I was off, and they need to cut back on someone. I would say I have been perfect during my probation, I have had no complaints.

I'm sorry you are having such a rough time, but I think you need to see things from the employer's viewpoint.

You have been off sick for 3 months out of 6 (i.e. an absentee rate of 50%), might be perceived as something of a clock watcher if every day your arrive 'just in time' [which is how they might see what you see as 'on the dot'], and when you were there couldn't or wouldn't undertake a certain outdoor activity.

You see that as 'perfection'. Can you see why your employer might have a very different take on it?

getmore4less

Lets simplify

I applied back at my previous role after a couple of months, and they was more than happy to take me back on. (The nation leader even approved my coming back with a pay rise as my work was good.. )

After a couple of months away they took you back in good faith you would return performing as before.

That has not happened.

They may suspect you were concerned your days were numbered at that new job.

MattMattMattUK

Money_Wasting_Expert said:

After my 6 months of probation period, they are now saying that I have failed due to the following reasons:
1. I have been coming on bang on time (8AM) on the dot, it could be earlier.. (excuse)

This is often looked upon very dimly. People wander in the door at their start time, by the time they are actually ready to work it is 10-30 minutes after their start time. Often these are the same people who take a full hour every lunch every day (then often eat their lunch at their desk when they get back) and stop actually working so that they can stand up from their desk and leave bang on their finish time. As a manager I was always very flexible with staff hours, I generally did not mind people who were prepared to give and take, come in a bit late one day and a bit early the next, ask to go early one day knowing that they would make it up, or work through lunch to get out early etc. but managers as well as colleagues never like people who try to get away with less than their fair share. 

Money_Wasting_Expert said:

2. I have avoided a certain activity outdoors as I had a chest infection (it was too cold). My usual activity is in an office).   (excuse)

If those activities were part of your job then you cannot just avoid them because you choose to, you need to have a conversation with your line manager, if it is health related you need to make them aware so that they can make temporary adjustments and make adequate provision for the work to be covered by other colleagues. 

What I suspect it appears from your ex employers perspective is you left, did not get on well in your new employer, asked to come back, but did not come back as the employee they previously had, but as one who did not really want to be there as was not really trying.