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Probation period extended?

7 replies

Stressedstressedstressed · 28/06/2012 14:59

I've posted on another thread as well, but hoping for some HR advice.

DH hasn't been paid sick pay, he was off work for 3 weeks earlier this month. He had been told it would be paid (but only verbally).

He started his job 6 months ago, according to his contract he has to do 3 month probation period, which he did. At the end of the 3 months he was told although everything was positive on his one-to-one, the contract was a misprint and should be 6 month probation. He has since passed this with no issues raised.

He has got his payslip today and was only paid SSP, according to his manager it's because he was still on probation period. Does he have any redress to this, as surely he shouldn't still have been on probation anyway? He's not in a union.

OP posts:
flowery · 28/06/2012 15:13

What does his contract say about sick pay?

What does his contract say about passing probation? It's not necessarily the case that just going past a set period counts as passing probation, in some places you must be specifically told you've passed.

Stressedstressedstressed · 28/06/2012 16:41

His contract doesn't mention sick pay, his intranet policies state company sick pay once passed probationary period. He was told at his 3 month review that he could "basically accept that probation was successful, but contract should have stated 6 months not 3". He hasn't had this in writing to my knowledge, although it may have been put on his 1 to 1 paperwork from his 3 month review. It's so irritating, once he was back from being off sick he was told he had passed his probation, he was off just before the 6 months ended!

OP posts:
flowery · 28/06/2012 18:48

What does his contract say about how 'passing probation' is defined?

Stressedstressedstressed · 28/06/2012 18:52

Doesn't specify, considering he works for a massive telecommunications company they are very vague!

OP posts:
Putthatbookdown · 28/06/2012 19:17

I am in no way legally qualified but I would have thought that if the company made an error in its paperwork then they are at fault. It is not up to a new employee to know these things and if you are led to beleive it is 3 months then you could reasonably expect that it is 3 months.

StillSquiffy · 29/06/2012 10:20

He should call HR directly about this. The people who process pay will be a different team than the people who process contracts, etc, and they will not talk to each other unless prompted.

If HR think your DH is entitled to pay, then they are the only ones able to pick up the phone to the payments team to get the system either over-ridden or whatever is needed to be done in order to pay DH. If they think he is genuinely not entitled then they are the ones who need to justify why his contract was wrong and why it said 3 months and should have been 6 months.

lizzywig · 02/07/2012 15:02

If the contract said 3 months in error then they should have done a contract amendment to say 6 months. Be careful though, if he kicks up too much of a fuss they might not take a liking and he hasn't been there a year yet...

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