Probation period

[Sadie82]

Hi everybody, I hope I can get some advice on a work situation that has come up for a friend of mine.

He was on a 3 month probation period as a night receptionist working for a large chain of hotels. He has been an excellent worker and throughout his 3 months has never had any issues.

Perhaps unusually for a probation period he wasn't given any reviews. I believe reviews are customary though maybe not mandatory.

His probation period ended and he wasn't consulted by management and didn't have any kind of end of probation meeting and has continued working around two months over the probation period.

Today the management has come to him and said that they will not take him on now probation period has ended and will put him on a temporary?? contract until April. Just to be clear the reason they don't want to give a full contract is not because of anything he has done but rather there has been a decision to cut staff.

So as not to drip feed there was a change in management during his probation period but all staff were given assurances that things would continue as is.

If anyone can give me a little advice over his rights it would be much appreciated. For example he had heard a rule that said if you continue to work after your probation period, even by one day....by default you would have the rights of a permanent worker.

thank you for reading

You have no rights until you've been working somewhere for two years

Thanks for the reply...just wondering does anyone else have any thoughts on any possible loopholes?

You don't get any rights as a "permanent worker" until you've been there 2 years regardless of whether your contract is temporary of permanent.

The only exception would be if he can show he was discriminated against for certain defined reasons, usually sex, race, age or disability but there others like union activity and raising H&S concerns.

thank so much for the reply

Tina and plan have it right I'm afraid. Probation doesn't really mean a lot in reality, he doesn't gain any additional rights legally for it being over the probation period.

thanks Kat...thats a shame...but he is a good guy so hopefully won't struggle to find work elsewhere.

An employee could gain additional rights for passing a probationary period. The most important one tends to be around notice period, which is often 1 week on either side, but after probation passed it often elevates to between 1 - 3 months. The difference between only 1 week's notice and 1 month's notice is significant when you consider it gives a lot more time to attend interviews etc.

Additional rights earned through passing probation are for example enrolling in a health care scheme, if one is offered. Employers like to at least know their employee has performed well, before committing to additional benefits.