Do I have legal rights about workplace causing my great frustration?

[draxdomax]

February, I joined a company that everyone knows. I am not going to mention the name but the chances are that 40% of you have their product in your wallet...
My role there is: Senior Software Developer

It was really promising at first, they gave me a technical test that I aced and the package they offered was very good.
Plus, they are such a big name that I thought they must be a decent company.

I will not list all the crazy things that have happened but maybe I'll mention a few:

• They asked me to sign a contract but their email didn't include a contract... All I had was the offer letter which has a starting date... I tried ALL the possible means of reaching them and only 2 weeks before my starting date, I got the contract... I spent 2 months not knowing if I should be looking for a job - I already accepted their offer and didn't want to go against my word
• When I started working with them, they gave me a broken computer and I couldn't do anything at all for 3 weeks. The guy who was supposed to help me knew much less about computers than I do and he made me try all sorts of crazy things which obviously were just a waste of my time and frustration
• At some point, I got a contract and a working computer - great :) Now, I started digging into the software solution and learning what's what... Well, I had questions about what's going on and, anyway, I don't think it's reasonable to ask me to study the whole project - it's a VERY big project! All the companies I worked for before have given me a little tour and built up my confidence... Here, NO ONE ANSWERS ANY QUESTIONS!
• They just gave me work items that I have no chance to complete because I have not been trained in very specific and proprietary areas that I have no chance to know unless someone introduces me (these are not things you can google)

There were many other infarctions against basic professional behaviour, like calling me in to the London office but nobody expected me there so I sat for 2 hours in the lobby and the security kicked me out... Of the office of the company that I am working for!

Anyway, I am now diagnosed with depression. My clinical psychologist has no doubt that the frustration and insult I suffered at work is the cause.

I still want things to work out. I genuinely joined that company as a person who is interested in the success of all of us there!

But, also, I just had a chat with my manager who said things aren't going well and I have two months to turn things around or they'll let me go.
I have had ZERO success with getting people to help me help them, they are definitely gatekeeping and trying to make themselves scarce.

1. I just wonder: If they choose to let me go (I am on probation, contractually), can I resist this legally by proving that there was no reasonable expectation that I could be successful, given the utter lack of professionalism and support from them?

In case you are worried about them: Due to the inflation problem, they are having their best year ever and that's probably why no one has any motivation to run this company properly.

1. I just wonder: If they choose to let me go (I am on probation, contractually), can I resist this legally by proving that there was no reasonable expectation that I could be successful, given the utter lack of professionalism and support from them?

Good luck with that. Almost certainly guaranteed to be exactly what they need to hear to exit you even quicker! You have next to no employment rights until you hit the 2 year mark. Find another job and quickly - for your own sake and probably because you also will need to. And be very careful - your clinical psychologist can have all the opinions they want - their opinion about your work sitaution based solely on your say so is worthless, and you definitely DO NOT want to be raising "work causing your depression" at this stage. It is impossible to prove, it raises questions about your capacity, and since they have already made it clear that your performance is not of a required standard it is going to look like you are attempting to claim discrimination to get out of poor performance as a way of getting back at them. If they are that big you do not want to be messing with their legal team. They sound bloody awful, but your best option is to quietly find a better job. It won't change and you probably won't survive.

PS - you weren't entitled to receive a "contract" until the day you started, so two weeks before is ok - and not uncommon.

Agree with the above - just find another job. I've been in a similar position before, being chucked in at the deep end with no technical guidance and a team that was constantly trying to undermine each other rather than work together. It doesn't have to be like this! Move on, find a better employer.

Thanks for answering, I really appreciate your input because I am not sure that I am thinking straight right now. I just took a break to cry because my boss told "well, THAT guy has managed. So, you should have managed too", which is so disheartening to hear. My blockers are real and I don't know what THAT guy had experienced, who was HIS manager and what kind of help people chose to give him!

As for "PS - you weren't entitled to receive a "contract" until the day you started, so two weeks before is ok - and not uncommon."
I know that :) But can you imagine my stress, in this job market, after doing 4 rounds of interviews with them, I get a job offer and then NO contact from them for two months?
All I got was a message from the recruiter, telling me "yes, they still want you, someone will send you a contract tomorrow" and I don't know if I am standing inside or out!

no chance - yes its shit, and no you shouldnt have to work somewhere like this, but just get out there and start job hunting

Look for another job.

In the meantime make sure your issues are documented. Do you have a performance or improvement plan agreed with specific issues and solutions?

It's just such a tough job market and tough economic situation right now, I can't say that receiving a decent salary every month isn't taking a load off my chest, at least for a month...
Money is tight, my partner has just started a new career path and what he makes barely covers his loans.

In the meantime make sure your issues are documented. Do you have a performance or improvement plan agreed with specific issues and solutions?

Well, my manager just sent me an email. He copy-pasted the job and and said "this is what we want from you within two months from now".
I guess this is some form of performance plan...

I have all my problems (about a dozen of crazy incidents that I've been communicating to managers, team-leaders, etc) in the form of emails and Teams chats.
Why?
Do you think these could turn out useful somehow?

Funny thing is that I get about 4 corporate-emails every day about "our commitment to inclusion" and "we care about your wellbeing"...
I've never felt so excluded, neglected, disparaged and obstructed in my life.
Usually, my work is highly appreciated so I just can't believe where I am right now

I think for your own well being I would keep a record of what you have been told you red to do and what you have done. So if what he has said is vague go back and ask for specifics.

You have very few rights in the early stages of employment. But while they might not think you're right for the job it's also clear they're not right for you say they're disorganised, didn't even give you a proper induction etc etc.

Please be clear. You asked a legal question. Will your evidence of your complaints be useful? No. Just that. No. Because you have almost no employment rights. Please understand that you have been there a few months, and no matter what your arguments are, no matter how right you are, "fairness" does not come into this. You have failed to meet performance standards and the employers opinion on that is the last word.

If there is a fight to be had, I'd tell you. I'm an idiot at times - I fight because it's right, not because it's wise. But I do understand "no chance, keep your head down". And sometimes thinking you can fight makes the stress worse. I think you know, because it's clear to us, that this isn't working out. It doesn't really matter whose "fault" it is. You need to get out. Your partners issue with lower income and debts is different. Don't get it confused with this - there are boards on money matters to help and advise on that if you want.

Keep your head down, plod on as well as you can and invest your energy in another job, even if the salary is lower. Lower is better than "none".

When someone asks about why you want to leave do not criticise your employer. Be truthful but diplomatic- it isn't working out as well as you'd hoped, management support isn't what you'd hoped for, then tell them why their company or job is a great fit for you. That will address the short term turnaround without red flags. Never criticise your employer, even if they deserve it. It always makes interviewers wonder what the other side of the story is.

In summary. Even if you had no issues at the probation mark they can still let you go as you have zero rights at this stage .
Honestly I think it's pretty clear you are going to be let go and I'd be searching for a new job asap

Thanks.
It's been very helpful to talk about this with someone.
Sorry I got a little long winded and went into tangents.

You really didn't. It's just that the employment world doesn't with like that

I also think that you should look for another job asap, jump before you are pushed. I would put energy into that, not collating and documenting poor experiences where you are, because your documentation won’t help with anything anyway. To the question in your thread title, no you do not have legal avenues regarding the things you mention.

It simply sounds like you and this company are not a good fit. I have a multinational / corporate background too and to be honest some of your complaints sound odd to me, but odd on your part. I don know why you are so preoccupied with getting a contract, you need to get a statement of particulars on your first day, that is all. And if I recruited a Senior Software Developer, I wouldn’t be expecting to have to “build their confidence”. I have also had many jobs that have involved travel to another location, either another city or another country. I don’t just turn up and sit in reception waiting, I organise meetings beforehand, I make contacts, I know who is going to let me in, I will have arranged a desk or an office, I have a plan for the day, nobody does this for me. I honestly cannot fathom what you thought would happen, other than I assume it was a massive culture shock for you.

This.

This! I once went from an organisation which had a paternalistic culture - did everything for you (public sector) - to a private sector one which hadn't sorted out anything before I arrived.

It surprised me, but they were paying me to work, use my analytical skills, commonsense and to be proactive. So I found the people who could help me sort out the issues, spoke to them politely and cracked on.

In any 'senior' role that's a given.

You can't wait to be spoonfed. Ask questions, find out how to sort stuff out yourself, arrange your own training then knuckle down and get on with the software development.

If you can't manage that, then look for another job.

Your depression/anxiety could be a disability?
This could give you some protection

You need to move on.

They obviously wanted someone that can hit the ground running and take initiative and be proactive as a self starter, and you want to work somewhere where they hold your hand all day 🤷‍♀️

This place is clearly not going to work out ever so just get out and don't waste your energy on fucking around trying to score points against them. You have marketable skills, so get on the market.

It happens. I took a job last year where I was miserable and viewed as underperforming for the first time in my career. I got the fuck out and have a new job I love where they think I'm doing brilliantly. Don't waste your time trying to be "right".

And it's not going to help the OP in any way to take on the stress of a legal battle.

Frankly, it's shape up or ship out.

Why don't you just leave, surely the stress isn't worth sticking around, as well as the potential damage to your reputation if it's a small industry

Speaking as someone woth significant disability, it really cheeses me off that so many people think that playing the disability card is the way to go. It does those of us with disabilities no service at all when people think that if you shout "disability" it is somehow a get out of jail free card.

Let's clear this up once and for all. In the first place, disability affords next to no protections even against outright discrimination. The legislation is largely toothless, giving only a right to "reasonable adjustments" - you are still expected to perform your job and to have the capability to do so. A reasonable adjustment is not to be let off with failing performance! Secondly, a disability must have lasted, or be expected to last, at least 12 months except in the case of certain serious conditions such as cancer; and it must have a significant impact on your ability to undertake day to day activities - you can't just go "oh I'm depressed" and that's a gateway to an easier life. If only!

It's amazing that half the time posters on this site are screaming about our "free cars" and "shed loads of money spent on luxuries" and how most people with disabilities are frauds and cheats unless they can only just manage to crawl along the floor (all other disabilities, of course, being made up or not really that serious and just being over-egged). But the minute someone needs a get out of jail card for something it's "oh, they must have a disability".

Depression is real, yes, and in serious cases it can be extremely debilitating and constitute a disability. I wouldn't wish that on anyone. But the OP is struggling right now not because they have a disability but because they cannot perform in their job. Whatever the rights and wrongs of that, they are failing to carry out the role to which they have been appointed, and are being performance managed with the intent that they will be dismissed if they don't improve. Is that upsetting? Yes of course it is. Is that likely to get them down and depressed? Yes, of course it is. But the problem here is that they can't do the job expected of them, not that they have a disability.

Listen to the advice OP, take out the emotion.

Is your CP really laying the blame with your employer?

How long have you been poorly enough or struggling enough to have a CP, are they private practice?

What about the pressure to earn from your relationship?

Your DP has started a new career path where he can barely pay his loans, so do you have to pay all the bills?

OK now people are inventing facts...

You don't know the details so it's kind of sad you are assuming I need my hand held or I didn't ask explicitly who am I meeting in London, what time and whether I'll have an access card ready for me.

I'll stop following this post now before someone suggests I broke my own laptop so that I don't have to work for 3 weeks :D

No it won't, it really won't. The OP will make matters even worse trying to tie the current set of circumstances to discrimination. The employer will say "see you in Court" and kick the OP out the door with no leg to stand on.

@draxdomax I agree with the comment about showing up to the office and sitting in reception because they weren't expecting you. That in itself double underlines that you may have Senior in your job title but it doesn't mean you are acting in a Senior way.

You'd at least have determined the name of the person you were meeting, have had a telecon with them in advance and agreed they would be available that day, plus an agenda to justify why you were going to spend company time and money travelling there.

All I said was it might give her a bit of protection,which she doesn’t have at the moment due to length of service
This is a very hot topic at the moment in employment law,so I am surprised at the comments