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Question about disciplinary during probation

(7 Posts)
Shakey15000 Fri 12-Aug-16 07:20:27

What happens when a disciplinary took place during probation and the process can be 100% proved to have been conducted incorrectly? If the employee appeals within the correct timescale and by the time appeal has been heard the probation end date has been passes, is the disciplinary quashed and employee deemed to have passed?

LillyBugg Fri 12-Aug-16 07:29:59

Unlikely. There's no employment rights unless you are talking about discrimination so it sounds like there isn't really a case here.

LillyBugg Fri 12-Aug-16 07:36:38

Even if it was agreed that the disciplinary was incorrect that wouldn't mean an automatic pass on probation, regardless of the date passing. They'll probably just find some other reason to fail your probation anyway.

lougle Fri 12-Aug-16 07:43:09

If the process happened incorrectly but the offence that the disciplinary centred sound still happened then all that would be found is that there were errors in the disciplinary - it doesn't cancel out the wrongdoing.

If the person is in their first two years of employment they can be dismissed for any reason except discriminatory ones anyway. So the employee could pass probation on the technicality and still be dismissed and would have no cause for complaint.

Shakey15000 Fri 12-Aug-16 07:46:18

The employee is aware of the employment rights (or rather lack of!) etc. There's a side issue of the probation being extended unfairly though not as easy to "prove" as the disciplinary process. The disciplinary action taken comes hand in hand with the extension apparently confused

Thanks for replying

flowery Fri 12-Aug-16 08:08:01

The disciplinary is irrelevant. Whether probation has been passed depends on what the contract/other documentation says about passing probation. If it says probation is passed automatically unless notified otherwise, then it is passed.

If an employer decides to extend probation they don't need to 'prove' that it's fair to do so.

Shakey15000 Sun 04-Sep-16 10:04:02

An update- the employee appealed and it was upheld. He had the written warning quashed and has deemed to have passed the probation, extension cancelled. Not that, as mentioned, they won't find some other reason to "get rid of him" with zero rights, but a victory nonetheless.

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