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Rights during probation

(6 Posts)
NotThatCrapReally Tue 16-Aug-11 10:12:45

Not really sure what I'm asking, but so unhappy and stressed.

I've worked for the same company for 18 months, the first 15 months I was a casual in one department. I needed to go full time on a perm contract due to my DHs job insecurity and the antisocial hours of the job making it tricky with childcare, so took a position in a different department. This has 6 months probation (I'm 3 months in). I really regret this as I really miss my old job (where they loved me and I was really valued) and my new job isn't going very well.

I made a couple of minor errors, nothing catastrophic and I actually asked advice on here about one of them and was told not to worry at all. However my boss flipped about it. I have access to his emails which I need to read and respond to as part of my job, and he sent an email to the girl I replaced (also a friend and still employed in the company so I need to interact with her) basically saying he wished she hadn't left and moaning about me. He would have known I would have seen it. She worked here a long time and implemented a lot of the systems, it's really complex and I think it's totally unreasonable to expect me to come in and perform to her level immediately.

I brought it up with him and he did apologise and I told him how humiliating it was. We are trying to repair the relationship but I'm desperately unhappy and there is also a restructure coming up so I'm worried about how safe my job is. My old department have said as soon as a position comes up that they will have me back in a second, but I have no idea when that will happen.

I don't know whether to just stick it out and see what happens (I am actually dreading going to work at the moment) or to talk to HR about moving internally. I know others have done that, but I don't know where i stand still being on my probation, and whether the email he sent has any bearing?

Does anyone have any advice?

flowery Tue 16-Aug-11 10:26:59

In terms of probation, the term has no meaning in law really. What's important in terms of your protection is your length of service, and changing jobs makes no difference to that.

When you say you were a 'casual' what does that mean exactly? Were you popping in occasionally for bits of work but not regular and no continuous service, or were you doing a normal job but just called 'casual'?

NotThatCrapReally Tue 16-Aug-11 10:43:15

I was employed on a casual contract - I had regular hours, my own desk, business cards etc etc, but I was paid weekly and logged my shifts (and if I did extra shifts got paid for them). I just had no staff benefits, pension, gym membership etc etc. The service was continuous.

FWIW the person who replaced me is on a perm contract...

NotThatCrapReally Tue 16-Aug-11 10:44:25

So do you think on that premise I would be OK to talk to HR about moving roles and not be at risk of losing my job?

flowery Wed 17-Aug-11 21:41:23

Talking to HR wouldn't lose you your job anyway, but yes it sounds as though you have continuous service so have protection against unfair dismissal, meaning you can't be 'let go' at the end of your probation or anything like that.

Indaba Fri 19-Aug-11 21:55:05

Be really upbeat and talk to HR re staying in company.
Assume everything you say to HR will get back to your current manager.
Its n**ts but that how it works in so many companies.
Tell HR that your last dept. want you back and ensure your last dept know you want to stay within the company.
Don't expect HR to do the changes. Its down to you. HR are usually the last to know. Speak to previous mangers and get them to be proactive. HR don't usually engineer the moves. Line managers do.

ps my last job was global head of HR!

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