HR bods If you can, please advise on slightly weird work situation during probation period

[M48294Y]

Name changed for privacy reasons.

I am about half way through a 3 month probation period in a new job, tiny company. I have a manager but then above that manager (LM) are the two owners/directors/shareholders of the company.

I am hating the job and yesterday told my LM that, at my probabation period review date, I would most likely tell them that I was leaving. I did this in advance to give the company the chance to re-advertise and recruit someone else before I actually do leave because they really need someone in the role and it isn't that easy to fill. So I suppose in effect I have given them 6 weeks notice - I reckon I can stick it for another 6 weeks.

My primary reason for hating the job is massive personality clash with LM and incompatability in working styles, methods etc. Also I am on a lower pay rate than I thought I would be when I said yes to the job, my fault for not confirming it.

So anyway, today, the head of HR (this is a minute company with 8 office staff including me and the head of HR is one of these) gave me a letter which says:

"I am writing to advise that you are to attend a probationary review meeting on Monday. The head of HR will chair this hearing and your LM will also be in attendance as note taker. The meeting is to discuss your progress as * role. We will be reviewing your progress to date, with particular emphasis on your performance and time keeping."

Then another paragraph about my right to be accompanied by a work colleague or trade union rep (no trade union that I am aware of).

Then "I must inform you that possible outcomes of this review meeting include an extension to your probationary period or termination of your employment".

So I'm guessing the letter is some sort of statutory requirement and they're going to say "bye then" on Monday and I'll be packing up my desk. I'm obviously not going to be agreeing to an extension of my probationary period! It seems a strange outcome to my conversation with my LM yesterday.

Can anyone conversant in HR let me know?

You didn’t “in effect” give them 6 weeks notice, you gave them a heads up that they had 6 weeks to exit you quickly, without the hassle of the rights you would have (notice period etc) after those 6 weeks were up. Sorry OP but you shot yourself in the foot there.

No need to be sorry. Is it your opinion that we will be parting ways on Monday? No skin off my nose if so.

Probation periods are meaningless. OP will have no further rights in six weeks’ time.

It does sound like that’s their intention but they are not openly pre-empting
the outcome.

They should discuss your probation so far and give the opportunity for you to give your perspective. Interesting they cite performance and timekeeping, have they mentioned this to you before?

They should pay your notice pay if they dismiss in probation, which should be detailed in your contract. It would be at least a week beyond a month’s service.

Yes, empty your desk and vacate the building by close of business. Alternatively, don’t bother rocking up to work on Monday and start job hunting.

Yes, I would expect you will be leaving on Monday. They won’t keep you on for another 6 weeks.

Get out now. I'm assuming you should give a weeks notice as you're on probation. Hand your notice in and go sick for a week and / or take any accrued AL

Leave the job off your CV

I'm cool with leaving immediately. Feel very intrigued about Monday!

They won't have any concerns about my performance or time keeping so I assumed that was standard wording in a form letter.

You should reply to the email saying "thank you for this notification but I have already decided that this job isn't a good fit for my skills and experience so this meeting is unnecessary. I am happy to continue working until the original probation end date so I was not intending to resign at this point as I didn't want to leave the team short-staffed. However I note that during probation the notice period in either direction is (a week?/a month?/check your contract) so if it would be your preference to have me leave sooner we can mutually agree an appropriate last day some time between (today plus that time period) and (original probation end date) - please let me know."

Nb you don't need to put unsuccessful probation periods on your CV so you can just wash your hands of them and pretend the last 6 weeks didn't happen.

Have there been serious problems with your timekeeping?

For a meeting like this you are supposed to be given a reasonable amount of notice, for example, you may not be able to find a union rep over the weekend! Five days notice of a meeting is more standard. So you would be within your rights to reply and ask to postpone the meeting until next Thursday to allow you an appropriate amount of time to prepare.
Also, as you say your line manager is your primary reason for wanting to leave, you could also request that this line manager not attend so that you can discuss the situation with HR in confidence.

It seems likely the outcome of this meeting will be terminating your employment. As you say you want to leave anyway, a better outcome would be for you to resign tomorrow, give notice (presumably a week if still in probation), and let them invite you to take paid gardening leave.

Sorry OP but I agree you have shot yourself in the foot.
Unfortunately my experience of smaller companies is they are more emotional about these things whereas large companies might have let you work it. You have annoyed them by the sound of it.
I would definitely leave this one off your cv!

Yes I think they do take it really personally and they don't trust people hanging around. If they have mentioned time keeping specifically then there must be something. Its up to you if you leave now or attend out of curiosity but it might not be very nice.

P.s. having read the replies abd updates posted while I was writing mine - actually I think it's better to just give your 1 week notice so just revise your reply to (copying in LM)
"thank you for this notification but I have already decided that this job isn't a good fit for my skills and experience so this meeting is an unnecessary use of everyone's time. I presume your letter is a standard one-size-fits-all rather than being relevant to me as in the 6 weeks I have worked here I have never been late or left early or been off sick, and have done everything that can reasonably be expected. I note that the notice period during Probation is 1 week so please take this as my resignation and I will work until Friday 16th January which will be my last day"

nb they will probably not want you to work your notice but having given them this reply, they will have to pay you anyway

Take everything personal home tomorrow, they may not allow you to your desk on Monday.

Giving your LM notice that you would be giving notice was foolish. They cannot advertise the post until you've actually given notice. There's no benefit to anyone of teling them in advance.

I've only worked there 6 weeks and never been late or left early or been off sick. So they can't have an issue with time-keeping. But I will wait to see.

They will be exiting you on Monday. Its best practice to give 48 hours notice of the meeting.

They will end your probation based on something other than performance, change in company direction....not a good fit... could be anything.
Like you say- your not bothered its just forced your job move sooner than expected

They will make something up as an excuse to dump you. That isn't standard wording ime

Imo it's better to quit than to be sacked. Even if you're not intending to mention the job on your CV

The letter is word for word what we use in my organisation for any probation review meetings where there is a possibility of ending the probation, Its provided to us by our massive HR team, I thought it was a standard template

Oh ignore me. The template has a gap for you to input any concerns so they have said the timekeeping etc, sorry long day...

OK. It's not what we use. But maybe we're quirky

Yeah given you’re going to leave anyway they’re likely going to get in first. If you’ve been there more than a month they’ll need to give you at least a week’s notice. Up to you whether you’re going to bother going in or just quit tomorrow beforehand.

Thank you @CactusSwoonedEnding. I don't actually work tomorrow (am part time excluding Fridays). I think I will email them your suggested reply tomorrow.

This is the perfect solution and very similar to what I was going to say.

It's always better to have resigned than to have failed probation.

The benefits far outweigh the alternative. This way you may be asked not to return on Monday but they will have to pay your weeks notice plus you'll be paid out any accrued holiday or possibly have some cancelled off if you had holiday over Christmas. Ideally, you'd want to take money when you leave not owe them anything back.

It sounds like they will be letting you go on Monday. You should get your notice paid as PILON and any accrued but untaken holiday. You have a decision, you can resign before the meeting with immediate effect and they will pay you up to that day. Resign with notice (although they may still just hold the meeting anyway) and see if they will allow garden leave (check your contract). Or have the meeting, let them dismiss you , collect your notice pay and leave it off your CV. They sound like a poor employer and you have dodged a bullet.