Work probation

I have a few questions about my current situation at work. I started the position as someone with no experience and like most jobs, on a 6 month probation. 

After 4 months I was asked if I wanted to take a senior position on a 6 month probationary period. When I asked, if after the 6 months, I didn’t like the new role what would happen, the Manager responded with ‘I have 28 days to decide if you will be employed with the company’. 

My first question is, is this legit? Am I not able l to to go back to my old role? I thought that was what the probationary period was for- to decide wether both parties were happy with the new position. They are constantly recruiting for the old position as the turn around of staff is abysmal and they are always low on staff-so my old position is still available.

I am leaning towards not accepting the new position after the probation as I don’t feel the money is enough for the role. My increase is only a pound extra an hour for a senior role. Also with the new minimum wage in April, I will go back to being a minimum wage worker as a senior. I asked about if my pay will increase with national wage increase and employer said no. 

So can they say they wont keep me on or do I just go back to my old role?

My other question is about sick pay. 

I accepted the new role but still had the original role’s end of probation meeting. So now I have been with the company for 10 months and I’m still on this new probation. As per the terms of the original role’s probation, I didn’t get sick pay until after the probationary period had ended. 

Now I am on this probation for the senior role, does this still stand? Even though i passed the original 6 months?  My employer says it does. And other staff members who have worked there longer than me (years) have been given a new role and new probation, have said the same thing, no sick pay. Even thought they are long term employees?! 

Any advice is welcome. 

Thanks

Comments

  • EnPointe
    EnPointe Posts: 259
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    edited 7 January at 2:14PM
    This sounds like the kind of business you need to be planning your  exit before they plan it for you.

    typically on promotion  or  lateral transfer  you  do not   begin a new probation if you are an established member of staff 

    however unless  dismissal is on grounds of protected characteristic you  have little or no protection within the first 2 years of employment - so to that extent from an employments rights point of view  Probation means little. 

    as for company sick pay  it sounds like they are  playing fast and loose with the  discretionary aspect of many company sick pay schemes
  • Undervalued
    Undervalued Posts: 8,817
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    13lauren said:

    I have a few questions about my current situation at work. I started the position as someone with no experience and like most jobs, on a 6 month probation. 

    After 4 months I was asked if I wanted to take a senior position on a 6 month probationary period. When I asked, if after the 6 months, I didn’t like the new role what would happen, the Manager responded with ‘I have 28 days to decide if you will be employed with the company’. 

    My first question is, is this legit? Am I not able l to to go back to my old role? I thought that was what the probationary period was for- to decide wether both parties were happy with the new position. They are constantly recruiting for the old position as the turn around of staff is abysmal and they are always low on staff-so my old position is still available.

    I am leaning towards not accepting the new position after the probation as I don’t feel the money is enough for the role. My increase is only a pound extra an hour for a senior role. Also with the new minimum wage in April, I will go back to being a minimum wage worker as a senior. I asked about if my pay will increase with national wage increase and employer said no. 

    So can they say they wont keep me on or do I just go back to my old role?

    My other question is about sick pay. 

    I accepted the new role but still had the original role’s end of probation meeting. So now I have been with the company for 10 months and I’m still on this new probation. As per the terms of the original role’s probation, I didn’t get sick pay until after the probationary period had ended. 

    Now I am on this probation for the senior role, does this still stand? Even though i passed the original 6 months?  My employer says it does. And other staff members who have worked there longer than me (years) have been given a new role and new probation, have said the same thing, no sick pay. Even thought they are long term employees?! 

    Any advice is welcome. 

    Thanks

    Probation has little meaning in employment law, although "passing" may confer some contractual benefits such as a pay rise or longer holidays. If so those terms must be honoured.

    However, given that you can be "let go" for no reason at all during the first two years of employment, in a way everybody is "on probation" for two years!

    So yes it is "legit" and keep in mind that passing probation and staying in your current role guarantees you very little until two years are up.
  • Savvy_Sue
    Savvy_Sue Posts: 45,838
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    So you accepted the new role, started a new 6 month probation, and you're planning in 2 months to say "actually thanks but no thanks, I'd like to go back to my original role"? 

    As your manager has already said, he has 28 days to decide whether or not to keep you. He certainly didn't say "oh that will be find, you can just go back to the original role". He might agree to that, but I wouldn't rely on it. 
    Signature removed for peace of mind
  • DullGreyGuy
    DullGreyGuy Posts: 9,214
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    If you accept a new job then your old job becomes a vacancy irrespective if you go into a new probationary period or not. What happens if you fail your probation will depend on if the vacancy has been filled and why you failed. Normally if you go on a short term secondment your old position remains open for you to return to if the secondment doesn't result in a long term role however this is still finite and a long term secondment will normally result in your old role becoming a vacancy.

    Probation has no special treatment in employment law but can have meaning under contract law. Irrespective of anything else, short of 2 years service and you can be dismissed without cause as long as it's not due to protected characteristics (race, sexual orientation etc). Your notice period etc may vary depending on if you are in or out of probation, your contract will define if its automatically passed or need to be told its passed, similarly any new internal role could restart a probation or not, that would depend on the terms of the offer. 
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