Probation period

[m0therofdragons]

I completely understand probation periods although within 2 years you can be dismissed at any point fairly easily so I'm not sure how useful they are but used well they do create a structure of review and recognising training needs etc. However, I've been promoted within my dept and offer letter states 6 months probation. I've worked there for 6 years so surely I still have that protection despite moving to a more senior role?

I'm obviously planning not to mess up so hopefully it won't matter but I still wonder if they genuinely could sack me using probation procedures without following the policy for those employed for more than 2 years? Any idea?

No they couldn’t. But if your letter doesn’t state what happens at the end of probation, whether you pass it or not, you should seek clarification on that. It may be that they demote you back again, if that is possible.

My old job no longer exists and I've completed a 4 month secondment in the current role already so know my manager is happy with my work or she would have advertised externally (which she chose not to do).

Ok well in that case the issue is unlikely to arise, however if you want to know what would happen, I suggest you ask your line manager.

Line manager is equally baffled and policy only covers new starters saying that if you change roles within the probation period then you only work what's left of your probation before becoming recognised as substantive.

You do need to clarify what happens at the end of the period, even if you don't think you will be failing it.

I completed a three year training programme a few years ago that was treated as a three year probation period. I was a new starter, but existing staff were subject to the same terms no matter what their tenure, and had to sign a contract to that effect - specifically that if you failed the training programme, your employment would be terminated.

In reality, they didn't use this clause to start with and would regrade/downgrade previously existing staff who failed, but once austerity hit they started invoking it and now you're out if you fail.

I'm not being provided with a new contract as ts & cs haven't changed apparently.

If your line manager doesn’t know get her to find out, or ask the author of the letter yourself.

It’s a probationary period for your new job. You can be demoted back to the previous grade if it doesn’t work out. As your previous role isn’t still there there should be the option of redundancy. It sounds like a HR get out clause but you do need further clarification.

I have always asked for a pay rise at the end of probation periods following promotion.

I'm nhs so pay bands are clearly set. I asked the person who sent the letter and she wasn't sure. Feels like making a fuss would go against me so will just deal with the worst if it happens.

”I asked the person who sent the letter and she wasn't sure.”

The person who wrote the letter isn’t sure what she meant?!

The probable outcome would be that if you don't pass probation you will be made redundant. The likelihood of that sounds low though. It's reasonable to ask for clarity. You could write "whilst I have every confidence that my probation period will be successful and I will be confirmed as the permanent postholder in due course, I am not quite comfortable with the document as it stands as there is insufficient clarity on what my terms and conditions are during this probation period. Clearly it can't be the same situation as a new employee, due to my six year existing continuity of service, but it's not clear what the alternative is"

@flowery yes I know! HR is a big team but no one actually seems to understand HR. Key manager is currently on maternity and knowledge under her is gappy.

But even if her understanding of HR is insufficient, why is she choosing to write something in a letter and put her name to it and commit her employer to something if she doesn’t understand what she’s written.

I would push back hard on that tbh. It’s downright dangerous for the employer if HR staff are making up nonsense they don’t understand and putting it in contract variation letters. People who don’t understand what they are writing or why they are writing it should not have the authority to write on behalf of the employer.