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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

WWYD - probation period

44 replies

probationfailed · 28/02/2022 19:45

Name changed so not linked to primary account.

Have been in a new role since October with six months probation. Things have not been great; there's been no leadership, for first two months manager was absent then new manager started just before Xmas.Have missed two significant deadlines and called behind on filing which has piled up in drawer.

Friday was told probation would be failed and today was invited to a meeting next week to confirm probation outcome. Have been asked not to come to work this week- on 'paid leave'; not been suspended as still have access to work emails etc and can contact colleagues for support. If fail probation I am entitled to 1 month notice.

Manager has now offered to pay an extra £3k (another months salary) on top if I resign - under a settlement agreement. Not sure if this shows that they have a weak case- I've had no formal meetings before Friday and no 1:1 minutes. I think I could argue that process hasn't been followed?

WWYD?

OP posts:

DrSbaitso · 02/03/2022 10:43

Take the money and run.

ViaRia · 02/03/2022 10:48

I’d take the money too.
I assume that with such a lack of support and chaotic line management, it’s probably not a place you love to work anyway…?

I think you may have a point that they may not have followed process (I’m only speculating on this) but even if you stay to fight your case, I doubt you will end up getting a stable and happy employment there.

Take this as a lesson in resilience (and speaking up for yourself when failings around you prevent you from achieving you own work objectives), and move on.

Gonnagetgoing · 02/03/2022 11:04

I'd take the money and go.

I was in a slightly similar position but with a reputable company - just they don't seem that good with onboarding/training etc and expect you to get on with it. I'm lucky that I'm only on a 1 year contract due to end in July but would be handy if it were permanent as security. But I'm not happy here really!

Get a good reference though. or as near to it as you can.

Gonnagetgoing · 02/03/2022 11:07

Also - I know this sounds silly - but a few years ago I was in a job where I'd left another company after 5 years to come to this new company.

From almost the start I knew the boss was a sexist pig from his comments... Then a new member of staff started and I heard from his close friend that he'd assaulted someone and been charged with it, I think got a fine. I was prepared to leave it there but worked in his department. One day, he came down to where I was working, tried to interfere in my work but put his hand over mine on the mouse to 'get' me to do something. I complained about him but knew that he'd probably make trouble for me in the future so I left - had been there 6 months! I am so glad I left though, toxic environment full of cliques.

TheCatThatWalkedAlone · 02/03/2022 11:12

Take the money subject to your employer providing an ‘agreed’ reference. Draft your own reference and ask them to sign it. Reference should state dates employed, job role, as agreed reason for leaving ideally something positive such as ‘to take up a new challenge in (different) industry’ and should end with ‘We wish her well for the future’.

Your employer should pay £250 for you to get legal advice before signing.

Good luck OP. Start hitting the temp agencies, pending getting a new FT role.

nanbread · 02/03/2022 11:21

Obviously you've not gone into detail about why deadlines were missed but it doesn't sound like a weak case. Where I work people have certainly failed their probation for less.

I'm not sure why they've offered you the settlement but it sounds very generous.

LetHimHaveIt · 02/03/2022 12:20

'Your employer should pay £250 for you to get legal advice before signing.'

Why doesn't she ask for a carriage clock, a fondue set and a cuddly toy while she's at it?

RegardingMary · 02/03/2022 12:30

Take the money and run.

It doesn't sound like it's a role your particularly suited to.

TheCatThatWalkedAlone · 02/03/2022 12:56

OP just to clarify that it is usual for your employer to pay for you to get legal advice before you sign a settlement agreement.

See advice below from CAB.

Those suggesting otherwise are misinformed.

www.citizensadvice.org.uk/work/problems-at-work/making-a-settlement-agreement-with-your-employer/

All the best.

user1471504747 · 02/03/2022 13:12

@LetHimHaveIt

'Your employer should pay £250 for you to get legal advice before signing.'

Why doesn't she ask for a carriage clock, a fondue set and a cuddly toy while she's at it?

Because paying for legal advice is to protect the employer, not the individual signing the agreement.

Legally, if you sign a settlement agreement without legal advice you can still dispute the dismissal and bring it to tribunal.

There’s absolutely nothing OP has written that gives any indication that she would win a case at tribunal but it’s still just standard process for settlement agreements anyway.

As everyone’s said OP, take the money.

steff13 · 02/03/2022 13:14

@LizDoingTheCanCan

The offer is not generous, it's a month's pay, which is what you'd get if they dismiss you for failing probation. So it's cost neutral to them, but you resigning looks slightly better on your cv than dismissal. Take the money, agree the reference wording, and good luck in finding something new.

I think they're giving her one month plus an additional month, so two months' salary. So twice what they have to pay?

I would take it.

LetHimHaveIt · 02/03/2022 13:15

Ok, I'll accept that. I'm being silly. I just think it's extraordinary that the company are even making this offer.

BobLemon · 02/03/2022 13:33

Great couple of bits of advice from posters on here about reference and getting legal advice.

But, detail aside, also unanimous about taking the money and leaving. What alternative outcome are you imagining??

Tink626 · 02/03/2022 13:37

HR Manager here, take the money!

CremeEggThief · 02/03/2022 13:41

Em she didn't have the support she was supposed to get in a new job!! It's THEIR fault you haven't been supported to pass probation, not yours, OP.

Make sure you get a decent reference agreed in your settlement and take the money, OP. Fuck them all, you'll find something better, so you might as well get as much as you can out of them, the idiots.

Gonnagetgoing · 02/03/2022 14:01

Ah I see you are being offered this under a Settlement Agreement (they should pay your legal fees). From what I recall re SA’s all you need to do if you agree is find a decent solicitor who handles employment law to look over the SA for you.

Even taking into account how badly they’ve behaved you have also done a couple of things wrong so I think you’re both a bad fit, would forget about further HR type meetings and take the SA. It shows they’re being half way decent to you but also covering their backs.

Gonnagetgoing · 02/03/2022 14:04

@CremeEggThief

Em she didn't have the support she was supposed to get in a new job!! It's THEIR fault you haven't been supported to pass probation, not yours, OP.

@CremeEggThief - despite having no manager and then a new manager OP should’ve flagged up when there was no manager before Xmas that she wanted some sort of supervision. I’d have done that, not wait and struggle until a new manager joined. Them going for a SA means they have some sort of HR/management there.

CremeEggThief · 02/03/2022 17:41

Not everyone is a proactive person and an awful lot of people hate asking for help more than anything else in the world, albeit often for the wrong reasons. Obviously we don't know if it's the case with the OP, but it's a possibility.

Anyway. Take the money and good luck for the future, OP. And get yourself at least a small treat out of it too.

Totalwasteofpaper · 02/03/2022 19:35

@Star81

Take the money.

You’ve been there less than 2 years and are failing probation. Not much of a leg to stand on.

Yup this x10

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