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Quick question about probation and annual leave

6 replies

GWenlockMaryLacey · 07/09/2012 18:30

If a person starts a new job with three months probation on 6 June, goes on annual leave for 7 days on the 15 June (booked before job and agreed with new boss), when does their probation end?

New boss is implying that the annual leave 'pauses' the probation so to speak, I think that if you start and sign a contract, that's the day your employment and probation starts and it runs from then.

Not me btw, DH.

OP posts:
minibmw2010 · 07/09/2012 18:58

I would usually say that it doesn't 'pause' the probation but in this instance as he's using annual leave not 'earnt' and is really being given in advance almost like goodwill then yes I think it's fair to consider it paused.

RancerDoo · 07/09/2012 19:01

No, holidays do not extend probation - although it could i think if stated in the contract.
However Is this a fight he wants to have (while he is on probation)?

GWenlockMaryLacey · 07/09/2012 19:06

OK. Bit more background. Today he was told that the situation would be reviewed at the end of Sept and if it wasn't significantly improved then that would be it. To cut an extremely long story short, DH was on a hiding to nothing from the start so improvement is asking the impossible.

If his probation has already ended, as he hasn't actually been given notice yet, then he will be owed September's money and payment in lieu for October, one month's notice as per his contract.

As the guy has picked such an odd time to review, it suggests that he feels probation hasn't actually ended until then. And in that case it's a week's notice and shit creek.

Re the holiday, DH stated that he could not start the job until after the holiday (he'd had a crap stressy time and we both thought he deserved a rest) but this guy insisted that he started asap and took the holiday as leave.

It's all very confusing Confused

OP posts:
flowery · 07/09/2012 20:08

What does his contract say about probation and what defines it ending? The exact wording.

GWenlockMaryLacey · 07/09/2012 22:34

That I don't know. I'm taking his word for all this as I never saw the contract. I'll ask if he has a copy on his email or anything.

OP posts:
flowery · 08/09/2012 09:50

Ok. He should have a copy of his contract, in hard copy as well. Its impossible to advise without that wording really. It's not always a case of literally a date passing and probation is passed.

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