Probation meeting tomorrow, can it be extended?

captain_planet

I started in my role just under six months ago, initially I was happy for the first couple of months but since it has not been enjoyable, the workload is crazy, a bizarre culture of having to put a timeline on literally everything, endless meetings that are more like interrogations but I'll stop going on about why I don't like it and get to the point. It is my probation meeting tomorrow, I get the sense my boss is not happy, we had a very brief meeting a couple of weeks ago and he asked me "where I'm at" so I said I was struggling to keep up and had been working late, I said value work life balance and have been in a similar situation before and it is not sustainable. He said something about looking at what I am doing etc as we've got my probation coming up to talk about. I get a sense he wanted a meeting before as he is going to throw something at me in my probation (all others in the past have just been, a "have you got 5 minutes" talk saying yep I've passed).
So I'm thinking of the scenarios and want to prepare for them. I have a feeling he might want to extend my probation period. I didn't know this was a thing really so looked it up, I read a few sites saying yes they can do it provided the contract allows for it.
 My contract states: 
Probation Period - The first six months of your employment will be a probationary period.

Termination of employment  - Termination of employment is to be effected either by the employee or employer giving four weeks' notice within the probationary period. Following completion of the probationary period; from the employee; three months notice and from the employer; whichever is greater of;
a} the minimum applicable period of notice prescribed by the employment rights act 1996 or
b} three month's notice

 I have looked as a few other posts and they seem to say probation periods don't mean much, I just really want to know if they can extend my probation period as my contract doesn't mention anything about it.   

Thanks in advance for your advice!

Marcon

captain_planet said:

I started in my role just under six months ago, initially I was happy for the first couple of months but since it has not been enjoyable, the workload is crazy, a bizarre culture of having to put a timeline on literally everything, endless meetings that are more like interrogations but I'll stop going on about why I don't like it and get to the point. It is my probation meeting tomorrow, I get the sense my boss is not happy, we had a very brief meeting a couple of weeks ago and he asked me "where I'm at" so I said I was struggling to keep up and had been working late, I said value work life balance and have been in a similar situation before and it is not sustainable. He said something about looking at what I am doing etc as we've got my probation coming up to talk about. I get a sense he wanted a meeting before as he is going to throw something at me in my probation (all others in the past have just been, a "have you got 5 minutes" talk saying yep I've passed).
So I'm thinking of the scenarios and want to prepare for them. I have a feeling he might want to extend my probation period. I didn't know this was a thing really so looked it up, I read a few sites saying yes they can do it provided the contract allows for it.
 My contract states: 
Probation Period - The first six months of your employment will be a probationary period.

Termination of employment  - Termination of employment is to be effected either by the employee or employer giving four weeks' notice within the probationary period. Following completion of the probationary period; from the employee; three months notice and from the employer; whichever is greater of;
a} the minimum applicable period of notice prescribed by the employment rights act 1996 or
b} three month's notice

 I have looked as a few other posts and they seem to say probation periods don't mean much, I just really want to know if they can extend my probation period as my contract doesn't mention anything about it.   

Thanks in advance for your advice!

Employers love the phrase 'probationary period' but it has no meaning in law. Yes, it can be extended whatever you contract says; given how short a time you've been in this employment, if you don't agree to such an extension, your employer will have little difficult in simply terminating your employment (you have virtually no rights which would help you in this situation, unless you can demonstrate some form of unlawful discrimination).

captain_planet

Thanks for your reply @Marcon, unfortunately I think you might be right. 

I have pinched this from brighthr.com:

What if an employee’s contract does not mention a probation period extension?

If the probation period clause in their contract does not specify your right to extend the probation period, there are three options available to you at the end of the period of probation:

1. Pass the employee and confirm their employment
2. Fail the employee and dismiss them
3. Try to agree on an extension (employees do not have to agree if the contract does not mention your right to extend)

To avoid the problem of trying to convince an employee to agree, make sure that their contract states your right to extend a probation period.

From looking at other sites it is poor practice not to stipulate it could be extended but it can be done, provided it is agreed before the probation period is over, i.e. if it was over the 6 months they would have to give me three months notice as per my contract. 6 months will be on the 6th so I guess they will need to provide something in writing before this.

elsien

Whether your probation is extended or not, you’ve just told your boss that the workload is too high and that you didn’t feel it was sustainable in the long run. Of course they going to want a conversation about that. 

captain_planet

elsien said:

Whether your probation is extended or not, you’ve just told your boss that the workload is too high and that you didn’t feel it was sustainable in the long run. Of course they going to want a conversation about that. 

Yeah, I'd rather just be honest. They took a long time to find me so I'm not sure they would just get rid of me just like that even if they aren't 100% happy as they will be without someone for a long time.

beanielou

Yes, it can be extended.

mavenmim

Would it be a bad thing if the probation is extended? If you aren't enjoying the role much it might actually be a positive thing not to have to give them three months' notice if you find something else you'd rather do instead.

Undervalued

captain_planet said:

Thanks for your reply @Marcon, unfortunately I think you might be right. 

I have pinched this from brighthr.com:

What if an employee’s contract does not mention a probation period extension?

If the probation period clause in their contract does not specify your right to extend the probation period, there are three options available to you at the end of the period of probation:

1. Pass the employee and confirm their employment
2. Fail the employee and dismiss them
3. Try to agree on an extension (employees do not have to agree if the contract does not mention your right to extend)

To avoid the problem of trying to convince an employee to agree, make sure that their contract states your right to extend a probation period.

From looking at other sites it is poor practice not to stipulate it could be extended but it can be done, provided it is agreed before the probation period is over, i.e. if it was over the 6 months they would have to give me three months notice as per my contract. 6 months will be on the 6th so I guess they will need to provide something in writing before this.

Indeed Marcon is absolutely right.

So called "probation" may give the employee some contractual entitlements if they are deemed to have passed. For example a pay rise, more holiday or a right to a longer notice period.

However, in the absence of very unusual contractual terms, an employer can terminate any employment in the first two years for virtually any reason (or indeed no reason at all) just by giving a week's notice, unless the contract specifies more. 

So item 3. in your cut and paste is effectively meaningless. 

captain_planet

Undervalued said:

Indeed Marcon is absolutely right.

So called "probation" may give the employee some contractual entitlements if they are deemed to have passed. For example a pay rise, more holiday or a right to a longer notice period.

However, in the absence of very unusual contractual terms, an employer can terminate any employment in the first two years for virtually any reason (or indeed no reason at all) just by giving a week's notice, unless the contract specifies more. 

So item 3. in your cut and paste is effectively meaningless. 

The contract says a month notice and after 6 months (when the probation is) it goes up to 3 months.

beanielou

It won’t go up to 3 months if you are still on probation ie if it is extended. 

captain_planet

Probation has been extended, I think this is the best result as I'm not tied into a 3 month notice which is not going to help me find something new!