Probation period

robroyin · 9 May 2018 at 11:57AM

Hi,

I hope I could get some prespective or some advice.

I joined a Hotel as a head chef in jan 25th and I was really enjoying it, I had my 8 weeks reviews on march 23rd, which was good there were no alarm bells as in I wasn't underperforming as such (they didn't do a 4 week review).

They did a 12 week review on the 25th April and again there was few things, which I needed to improve on, but nothing was mentioned that they might extend probabtion period or sack me, the GM said he wishes to continue this review chat on a future date

So I have been working for 2 weeks after the final review and I didn't think much, thought they might have confirmed me (as generally they don't give me confirmation letter ) so out of blue on 8th april he fixes a meeting and tells me its not working for us and they want to let go of me. reasons being my kitchen audit was not upto mark and the team is not developing in the right way.

He did mention that he is sorry and he thinks I am a great guy intelligent hardworking and would be happy to give me a reference and would recommend me, to other hotels within the group but not here.

now my questions is.

Can he do this after my probation period or is there a ground where he can say, he is busy and he didn't have time to fire me on my review day?

Contract says after probation period either party should give 8 weeks notice he is only giving me 2 weeks notice pay?

is there anything I could get from the company as the whole 3 months I worked there was no warnings or red flags that I needed to really push . I do have copies of all my reviews ? this whole thing stinks

Any advice or thoughts on this, I would be highly grateful.

ReadingTim · 9 May 2018 at 12:25PM

Suspect that the company will claim that as the manager said he "wishes to continue this review chat on a future date" then it meant you had not passed your probationary period. Yes, he should have been clearer, but equally, you can't just assume you've passed it - in my current role I have a meeting with my manager to be informed that I'd officially passed the probationary period, for example.

Also, you say there "was no warnings or red flags that I needed to really push", but also that "there was a few things" mentioned at the 12 week review, which is inconsistent. And you failed, or scored poorly on the kitchen audit.

Suggest this is enough for them to claim you didn't pass the probationary period, so would only qualify for pay for whatever the notice period during the probationary period is - which could be as little as one week. You're therefore on a hiding to nothing with this one as they want rid of you. It's difficult not to be annoyed, but it seems they don't have an issue with your work - probably somehow they felt you didn't fit in - whatever that means.

Either way, rather than sour relations and jeopardise any possible reference of verbal recommendation, swallow your pride and get looking for something else - even take the manager up on his offer re. other hotels in the group.

Sorry if this isn't what you want to hear, and best wishes with the job search - you're probably better off out of there.

El_Torro · 9 May 2018 at 12:56PM

Legally speaking probation periods don't mean a lot, an employer can get rid of an employee for little to no reason within the first two years of their employment.

Personally I think you have a case to say that contractually they should be giving you 8 weeks notice, not 2. As ReadingTim has said though I also don't think it's worth pursuing too hard, just take the reference they are giving you and find another job.

robroyin · 9 May 2018 at 1:04PM

thank you for your insight I am just hoping he will give me a good reference for future

Starr2610 · 20 July 2018 at 3:47AM

I also have a question about probation period. I have started my new job as an engineer for a company. But I am employed by an agency. I am on a three month probation which is normal. But I decided to work overtime and bank holidays thinking I would earn time and half and double pay. However I was informed that this is not the case when on the probation period and also that this is nothing to do with the agency but with the engineering company. I don!!!8217;t know if this is normal. But I just feel like I am being used as cheap labour as I do the same work as my other colleagues. The job doesn!!!8217;t take long to train up for and not everyone has the qualifications that I have. Granted I don!!!8217;t have the experience but I feel that I have the sufficient as I am left on my own with no trainer or supervisor. Everyone I have spoken to does not agree with it. But how am I going to stand up to a global company based in the USA when I am just a newbie? The company I work for also abide by the American laws which I don!!!8217;t understand as we are in the UK. Just some advice would be nice. I don!!!8217;t think I will be able to do anything about it as this is a massive company which employees 140,000 people world wide. Our small place has no more than 80 people. Thank you for your help.

Takeaway_Addict · 20 July 2018 at 12:26PM

Starr2610 wrote: »

I also have a question about probation period. I have started my new job as an engineer for a company. But I am employed by an agency. I am on a three month probation which is normal. But I decided to work overtime and bank holidays thinking I would earn time and half and double pay. However I was informed that this is not the case when on the probation period and also that this is nothing to do with the agency but with the engineering company. I don!!!8217;t know if this is normal. But I just feel like I am being used as cheap labour as I do the same work as my other colleagues. The job doesn!!!8217;t take long to train up for and not everyone has the qualifications that I have. Granted I don!!!8217;t have the experience but I feel that I have the sufficient as I am left on my own with no trainer or supervisor. Everyone I have spoken to does not agree with it. But how am I going to stand up to a global company based in the USA when I am just a newbie? The company I work for also abide by the American laws which I don!!!8217;t understand as we are in the UK. Just some advice would be nice. I don!!!8217;t think I will be able to do anything about it as this is a massive company which employees 140,000 people world wide. Our small place has no more than 80 people. Thank you for your help.

Post on a new thread please

Marcon · 20 July 2018 at 4:51PM

Starr2610 wrote: »

I also have a question about probation period. I have started my new job as an engineer for a company. But I am employed by an agency. I am on a three month probation which is normal. But I decided to work overtime and bank holidays thinking I would earn time and half and double pay. However I was informed that this is not the case when on the probation period and also that this is nothing to do with the agency but with the engineering company. I don!!!8217;t know if this is normal. But I just feel like I am being used as cheap labour as I do the same work as my other colleagues. The job doesn!!!8217;t take long to train up for and not everyone has the qualifications that I have. Granted I don!!!8217;t have the experience but I feel that I have the sufficient as I am left on my own with no trainer or supervisor. Everyone I have spoken to does not agree with it. But how am I going to stand up to a global company based in the USA when I am just a newbie? The company I work for also abide by the American laws which I don!!!8217;t understand as we are in the UK. Just some advice would be nice. I don!!!8217;t think I will be able to do anything about it as this is a massive company which employees 140,000 people world wide. Our small place has no more than 80 people. Thank you for your help.

The only thing which matters here is the terms on which you are engaged. What do they say about this situation? Unless there is an explicit provision for paying you extra for overtime/bank holidays, standard pay rates will apply.

sangie595 · 20 July 2018 at 5:24PM

Marcon wrote: »

The only thing which matters here is the terms on which you are engaged. What do they say about this situation? Unless there is an explicit provision for paying you extra for overtime/bank holidays, standard pay rates will apply.

It's not quite that simple as the OP isn't a direct employee, so agency worker regulations might come into play. But on the other hand, so might dismissal!

However, even if agency worker regulations apply, and even if other staff get enhanced pay, it wouldn't apply to the OP yet, and kicking off over what they think they should be entitled to but were never actually promised is the fastest way to get dismissed. Agency workers are easy to replace. One phone call and there's no work.

GreenTreen123 · 20 July 2018 at 9:22PM

@star after 12 weeks with the company you get the same benefits as other people at the business. Before that time the agency will tell you how you should be paid according to their contract/

nicechap · 20 July 2018 at 10:05PM

GreenTreen123 wrote: »

@star after 12 weeks with the company you get the same benefits as other people at the business. Before that time the agency will tell you how you should be paid according to their contract/

Really?

They'll get the same company car as the MD? The same pension even though they've not been contributing into the scheme?

Please evidence your post.

hyubh · 20 July 2018 at 11:00PM

nicechap wrote: »

Really?

They'll get the same company car as the MD? The same pension even though they've not been contributing into the scheme?

Please evidence your post.

I'm a bit confused how the assertion, 'you get the same benefits as other people at the business' could be seen to imply either of those things. Clearly a tiny minority of direct employees will get the same company car as the MD; clearly a pension scheme as an employment benefit concerns eligibility, not final returns ignoring membership length, pensionable salary, etc. Please evidence your post.

Probation period

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