Probation period for existing employees

[Jessesgirl13]

Hi there,

I’ve worked in my current job and role for over 10 years at a non profit organisation. We have always been on successive fixed term contracts. Last week we were all issued with new contracts for the next year, however each one had a 3 month probationary period in it! Our manager says this is what she wants but surely people who have worked here years cant be subject to a probationary period?! I feel like this is a way for her to get rid of people she doesn’t like (she’s not the nicest of people!).

Can anyone shed any light on whether she can legally do this?

Well you will have the right to a fair dismissal, so they can't just 'get rid' as they would someone new in to the organisation. They would need to give you a warning first/opportunity to improve etc (excepting gross misconduct). So, no they can't really do this, but seeing as she has what will you do about it?

If you've been in continuous employment for more than 4 years, even on fixed term contracts, then you have the same rights as permanent employees. No probation period can take those rights away, regardless of company policy. Have a look at the Acas website. m.acas.org.uk/index.aspx?articleid=4587

A probationary period isn’t a legal ‘thing’. It doesn’t make it any easier to dismiss someone than it would be otherwise. The only thing which is normally different between a probationary period and having passed a probationary period is that the notice period generally goes up. However as you’ve been there 10 years (and are therefore permanent staff), your notice period from them would be 10 weeks regardless.

The probationary period won’t help your manager get rid of anyone, however her being put straight on that would probably be a good idea to avoid the situation arising and a dispute happening. Do you have HR?

I'd wait until she tries to get rid of you, then fight your corner and get the big guns out. Before then it may all be a moot point as you might be deemed to be a good performer. V stressful for you though after so many years there!