AIBU? Escalating work issue to HR/legal advice

[WanOvaryKenobi]

Hello 👋,

Posted this in the Work chat but didn't get any response. Seeking a bit of advice here.

I started a new role 14 weeks ago that has a three month notice period. The contract wording is:

"Your probationary period is specified in section X (which says 3 months). Should either you or the company wish to terminate your employment during your probationary period, the notice required will be one week. Your probationary period may be extended at the direction of the company."

The notice period beyond probation is 3 months.

So this week my manager informed me that my probation was to be extended, 2 weeks after the 3 month probation period.

I have to be honest I was completely blindsided by this as I have a weekly 1-2-1 with this person and there has never been anything negative raised. Yet at my last meeting they announced that they still needed more time to decide, and in particular I needed to finish a strategy document, and a few issues with my "engagement" and "not being bubbly enough". Again, nothing along these lines has ever been raised in any of the 12 previous 1-2-1s.

As for the strategy document I was told to put it to the side for a few weeks to focus on bigger projects that had tight deadlines. I was never informed that passing my probation was contingent on completing this strategy document. In fact the opposite, I have been told that it is not a priority. If I had been informed of the consequences on my probation I would have worked a lot more extra hours. I'm also just shocked that there have been any issues with my performance or attitude as this has never come up before.

I now have a few questions as a one week notice period is extremely stressful.

I basically want to know if they are able to extend my probation period after the deadline has ended, and with no prior warnings or written confirmation. I have still not been asked to sign anything and some of the feedback, like being "bubbly" and "engaged" feel a bit like subjective measures to improve on rather than concrete achievements, and again these issues have never come up before. So it is not a clear performance improvement plan or official document and I don't want to be blindsided again.

I am also wondering if they do try to sack me if I am entitled to three months notice/pay. I have been looking at other cases and it does seem to me that they have to inform you before the probation period has ended if they are going to extend. Also, my contract does not say I need verbal or written confirmation when this period has passed so it feels like this is done automatically.

Any advice? Thanks.

Thanks for this. I'll see what ACAS advise me to do tomorrow. I feel like at this point there may be a chance for us all to save face and I might be putting the manager in shit if I point out the error. Really not sure.

I'm not too sure what the benefit would be for them to send me another contract with a longer notice period?

Nothing written at all. I checked the employee handbook and they make a point that if there is to be an extension it needs to be a very detailed document with plans and support for improvement. So far I've had nothing other than the word of the manager and that was on Thursday.

I think HR have contacted you because they know the manager has stuffed up. Keep your powder dry, get the ACAS advice then respond. But be quick.

If they are explicitly racist it doesn't speak well for their bias, unconscious or otherwise.

Ok, you have a plan. Good.

You still have to put things in writing. Formal and polite as @PhilomenaFunbags says. I am a lawyer too (though not employment) and I would advise exactly the same. HR will be more willing to negotiate and manage the manager if you are in the strong legal position. You are in a stronger legal position if you put things in writing. If you are in a weak legal position because you let water under the bridge without querying, they are more likely to walk all over you because you are on the legal back foot.

Personally, if I was told I needed to be more "bubbly" in order to pass my probationary period, I would be reconsidering the entire decision to work there.

The phrasing suggested by the in House lawyer is good. It politely makes the point that "bubbly" is not exactly a professional term and it sets a precedent of their attitude being not ok.

As for the dismissive tone regarding your volunteering, that might not be legally actionable in itself, but it points to an overall dismissive attitude towards you that I find concerning.

Makes you less likely to leave as you would have to find another job that was willing to wait x months for your notice period to expire.

What a ridiculous term "bubbly" is. I've heard it around a bit recently. It's completely meaningless. It makes me think chatty but vacuous.

Spoke to ACAS today.

Only took a few minutes as it is absolutely clear after going through the documentation that if they try to extend the probation period they are in breach of contract.

I was advised to wait and see what they do before escalating a grievance and then speaking to a solicitor.

Manager is being an absolute CF to me today. Cutting me off in calls, shutting down any ideas, has not responded to me for a week (I have screenshots of this) and had not even acknowledged that I have sent in the strategy document that apparently my "extended probation" was beholden to.

Absolutely baffled. I've had nothing but positive interactions with this person until last week when they decided I was neither a good person nor good at my job. Not a single verbal or written warning, no KPIs set, no PIP, no issues, nothing. Nothing at all that suggested I wasn't going to pass my probation in the past 14 weeks.

One of the strangest situations I've had professionally.

It’s perfectly ok that you are not the right person for the job and they are not the right company for you but you deserve to be treated respectfully! It’s clear your manager is trying to get you to resign by now being a bully.

Personally I’d be moving on asap. Get the issue with length of notice period sorted so they understand you won’t be accepting anything less than 3 months, find a new job and resign.

This is not great advice.

You don't need to resign to move on to another job. Given the ample evidence in this cause I would negotiate PILON (Payment en Lieu of Notice) before leaving for another job.

If they want OP out, they are going to have to pay up first.

OP two things strike me, apologies if this was mentioned and I missed it.

3 months probationary period is 3 calendar months not 12 weeks. I know you mentioned 14 weeks and attempt to extend was made in week 13 or 14. Just ensure the date they tried to extend was past 3 calendar months.

Secondly, I would clear this up now as if you "accept" the extension by keep quiet about it and working towards the targets set, you could be seen to have accepted the attempt to extend your probation period.

If you had gone past the 3 calendar months, I would raise this with your manager and confirm that your contract doesn't provide for an extension of the probation and therefore same cant be imposed and you are not accepting such an extension and consider your probation passed.

I would also be looking for another job, the situation there will not improve. Good luck

https://www.partnerslaw.co.uk/news/is-three-months-notice-a-week-longer-than-12-weeks-in-the-context-of-calculating-statutory-notice-pay

They were beyond 14 weeks when the extension was mentioned. I have not signed any extension period nor will I as ACAS have advised this is breach of contract. The main point being I have three month's notice rather than a week.

I’ve suggested they resolve the issue there is ample evidence for which is that they are in breach of contract if they don’t pay her 3 months notice. Very very unlikely for any company to offer you PILON without a clear incentive?

Hi everyone again. Giving an update.

Basically nothing happened for a week. I went to HR yesterday for a different reason (the confirming my notice period was a total coincidence due to human error) and while there saw my employee file which had a letter about a probation extension. Because there is something in writing I have never seen I pointed this out.

Basically HR confirmed that I have passed my probation and she was sympathetic to the fact I have had no prior warnings, passed through my probation period, then was told it would be extended, then I have had to go to ACAS to get some advice because it's breach of contract, then I have had a week with absolutely no update and have had to travel (I'm mostly remote with occasional travel to the office) to a different city with absolutely no idea what to expect.

HR spoke to my manager and then have confirmed to me that I am going to be put on a PIP. Again, no warnings. Apparently HR are sure I will "smash it".

Honestly I am fucking furious at this point and basically said as much and I am really unhappy with how this has been handled. It has really soured my experience with the company.

Any advice about this is more than welcome. I've never been put on a PIP, I'm quite convinced this manager just hates me, and I'm wondering if I should just quit, or even if I should complain about being on a PIP out of nowhere.

In my experience when a company puts you on a pip it is to gather documentary evidence so they can terminate you.

If you do decide to stay, best advice is to ensure your pip is very prescriptive in terms of exactly what you have to do and by which timescale so that there is no ambiguity as to whether or not you have achieved the actions.

I would also suggest having it documented in the pip the specific support your line manager intend to give and if you have a regular cadence of meetings that any shortfalls are discussed and raised during these. I would insist that hr also attend these meetings because of the inconsistencies to date

I can’t offer legal advice bit also wanted to pick up on the phrase ‘not being bubbly enough.’ Wtf does that mean.
Op- ask them.
Would they say this to a male employee?

Really sorry to hear this.

I think you have two options:

1. Work through the PIP but at the same time look for a new job. As others have said it's very rare that you stay employed at the end of it and I think you should prepare yourself for dismissal being the end outcome, although you might be lucky. The pip process is not pleasant - having to justify all your work and be micro managed for the duration of the pip is horrible.

1. If you are soured against the company ask HR for a without prejudice conversation. This opens non-binding discussions around the possibility of a settlement agreement for you to exit. In this case the would recommend you reference all of the saga so far and say you would leave now if they pay PILON and a neutral reference.

OP, the PIP is not a good sign. It is time to consult an employment lawyer, not just ACAS.

When you say HR said you passed the probation, do you have that in writing? If not, you have to start documenting and keeping a paper trail. Pls don't put this off.

You have been given good advice below. You now need to put yourself in the best legal footing to negotiate a settlement payment because the most likely outcome of PIP, considering all that has gone on before, is that the manager wants you out without having to pay you anything.

Your manager is racist in the comment she made about minorities.

Not being bubbly enough is racist and sexist coded.

They're probably treating you worse now because they've seen this thread - it gives sufficient details to make it very obvious who you are to whoever manages you.

I think you need to see an employment lawyer because they are not behaving well at all.

Seriously, do you still want to work there after the way you have been treated?

Oh OP sorry. PIPs are not fun and like someone else said, it's a precursor to being let go. Notice is still given I think.

From a management point of view, a PIP is a pain in the neck. Lots of meetings and admin. I'd be having a WP meeting and trying to negotiate settlement based on (1) PILON (2) a premium for their conduct including comments about race and gender and (3) the way in which your manager is treating you now which doesn"t allow you a clear shot at passing the PIP.

You pay tax on PILON but premiums are tax free up to a certain amount.

You can expect a non disclosure obligation.

Make sure you have a standard reference drafted as a schedule confirming your start and end dates and an obligation on them not to disclose anything negatively.

Look for a new job stat.

Sorry you're going through this.

I would raise a grievance and start looking for another job asap.

Start documenting EVERYTHING. Don't have meetings with your line manager without a third person in the room/on the call.

Thank you for this, it's what I feared. Shall I take some advice before I agree to anything?

I also used to work for a competitor and the senior management team want me to disclose things about the company. Can I refuse until after the PIP?