HR question: Probation extended after deadline

[WanOvaryKenobi]

Hello 👋,

Seeking a bit of advice here.

I started a new role 14 weeks ago that has a three month notice period. The contract wording is:

"Your probationary period is specified in section X (which says 3 months). Should either you or the company wish to terminate your employment during your probationary period, the notice required will be one week. Your probationary period may be extended at the direction of the company."

The notice period beyond probation is 3 months.

So this week my manager informed me that my probation was to be extended, 2 weeks after the 3 month probation period.

I have to be honest I was completely blindsided by this as I have a weekly 1-2-1 with this person and there has never been anything negative raised. Yet at my last meeting they announced that they still needed more time to decide, and in particular I needed to finish a strategy document, and a few issues with my "engagement" and "not being bubbly enough". Again, nothing along these lines has ever been raised in any of the 12 previous 1-2-1s.

As for the strategy document I was told to put it to the side for a few weeks to focus on bigger projects that had tight deadlines. I was never informed that passing my probation was contingent on completing this strategy document. In fact the opposite, I have been told that it is not a priority. If I had been informed of the consequences on my probation I would have worked a lot more extra hours. I'm also just shocked that there have been any issues with my performance or attitude as this has never come up before.

I now have a few questions as a one week notice period is extremely stressful.

I basically want to know if they are able to extend my probation period after the deadline has ended, and with no prior warnings or written confirmation. I have still not been asked to sign anything and some of the feedback, like being "bubbly" and "engaged" feel a bit like subjective measures to improve on rather than concrete achievements, and again these issues have never come up before. So it is not a clear performance improvement plan or official document and I don't want to be blindsided again.

I am also wondering if they do try to sack me if I am entitled to three months notice/pay. I have been looking at other cases and it does seem to me that they have to inform you before the probation period has ended if they are going to extend. Also, my contract does not say I need verbal or written confirmation when this period has passed so it feels like this is done automatically.

Any advice? Thanks.

I’d start applying for new jobs. How long did they wish to extend probation by? I’d take this as end of employment date. Extending probation is beyond stupid.they don’t need to and have moved to 3 months. They just need to say they don’t feel you are suitable or performing well enough and terminate. Seems hr are more on the ball

passing probation means nothing, other than notice period is moved to 3 months. Passing 2 years is what counts.

I'm just confused more than anything else about the whole thing. I would have thought if there were clear issues they would have communicated them. I'm not an expert about discrimination but it just seems extremely "off", especially at the speed this has happened at.

Sounds like they needed bums around the table for certain projects only

Head of HR here. If they miss communicating an extension on your probationary period even 1 day past the deadline, you pass as default. I am sure ACAS have confirmed this to you. My guess is HR called confirming 3 months as they know your line manager was incorrect in what they stated (I suspect your line manager didn't check with HR regarding the legalities given the timeline). IF they were to serve you notice (although I suspect that is not the intention given the lack of any feedback) they would have to honour your new notice period which would be 3 months, as confirmed by HR. Happy to help if you have any further questions.

One manager wanted to extend probation two weeks after it had ended with no prior warning. I was not told this was a probation meeting as it was our usual scheduled 1-2-1 last Thursday. I have had no prior verbal or written warnings or anything to say I would not pass. We have always gotten on well.

They wanted to extend the probation by two months. This was to finish a strategy document. I was not told that my probation period was contingent on completing this and was asked to work on other projects instead. That is when they also said some things about "not being bubbly enough". They were a bit aggressive and pushed me if I had a mental health condition which I confirmed I have ongoing anxiety. They then said I looked anxious and pushed me for more details which of course made me extremely uncomfortable. They then brought up something I had said which had never come up before.

Full disclosure because I know you will ask: this was a conversation about a seasonal campaign and the team were all talking about how much we had to do and how stressful it was, someone mentioned my area and I said (clearly jokingly) that "I feel a bit personally attacked right now". We all laughed it was fine. This was about 6 weeks ago and was never brought up until this "extension" meeting.

Since then the same manager has made a comment/joke about me speaking Hindi on calls during a discussion when we were as a team discussing British dialects (Scots, Northern English etc). I don't even speak Hindi.

There was another previous comment about how my community work wasn't needed on my current city compared to my last one as "you're hardly a minority here" which felt at best insulting to me and my volunteer work and at worst incredibly ignorant about ethnic minority communities.

I have not received any written confirmation or document of the extension. The employee handbook states if there is to be a probation extension it needs to be an agreed upon improvement plan so the company can offer support. I have not received this either.

HR phoned to confirm my notice period in my contract yesterday and said that this manager would speak to me about my probation. I have had no email, document, or meeting request.

ACAS said this is a breach of contract and that if they try to do that I should raise a grievance.

Now manager is being a CF.

Anyone have any insight into what has happened here? I don't even know what evidence they have that I have not been performing because even in the extension meeting there were no clear directions other than this strategy document which I sent over this morning. I've also increased sales by over 1000% (yes, 1000) compared to the previous three months before I started.

Is the company doing badly generally? It could be a dictate that each department has to shed x people but they haven't yet announced?

Or could your manager have just been given a shit review themselves and be taking it out on people/trying to shift blame?

Both likely. Company is losing money and trying to make a turn around. Many, many redundancies and restructures. Several senior members of staff have left since I started. I was brought on as part of this restructure and they condensed 2.5 jobs into mine. I'm this person's first direct hire.

OP I think you need to let matters unfold now. You have passed your probation by default, HR have confirmed this when they said you are on three months notice and you have not been given notice of dismissal. Carry on as you are until something else happens.

Just wanted to say I'm in a similar situation but I'm a public sector job. I am petrified of ending up jobless

Thank you! This is incredibly helpful. I feel like they are going to give me the sack but nothing has been communicated to me. If I'm honest I'm also really put off and hurt by how they've gone about it. Just very sneaky!

Sounds like the manager has opened them up to all kinds of discrimination claims, including sexism, racism & potentially disability (if your anxiety has been chronic & long term).

If the manager has had a frank conversation with HR, then likely HR will have told them straight & now the manager is pissed off & taking it out on you.

As mentioned, document it all including dates, times & witnesses.

First direct hire, but they already Manage others?

Maybe if he's not been through the probation process before it accounts for his complete fuck up! I bet HR are doing a panic.

I'd hazard a guess he's been given some direction that means he thinks it's best to get rid of you and thought he was going to do it the easy way but has fucked it up massively.

Otherwise he's failed every single part of usual onboarding/probabation.

Yeah there's been little to no and often contradictory advice. I literally received the template they want me to use for this strategy document 15 minutes ago.

Again, I just wish to ensure you understand. Passing probation is utterly irrelevant. The only thing it means is you move to 3 months notice. That’s it. They can terminate your employment for any reason up to two years other than discrimatory. Which I see you are now edging round.

raising a grievance on your probation being extended is moot. They can just say our bad sorry. We gave 3 months notice anyways.

either way, it won’t stop them firing you, if that’s their plan, you’d need to build a case after the event on discrimination. Take them to a tribunal. Prove you were dismissed for solely discriminatory reasons. You may get comp if you succeed. But it’s a long hard road, as they will just repeatedly say you were incompetent, not suitable for the role etc/

id genuinely look to find another job asap. Something is very wrong here. They are treating you terribly. I hope it works out for you but please don’t hinge everything on grievances on probation extension or think there is some magic in passing it.

@Janieforever i agree that the grievance is no silver bullet. However 3 month notice period makes all the difference financially, so passing probation makes a massive difference in that regard.

But they’ve already given that, hr confirmed it.

Hi everyone again. Giving an update.

Basically nothing happened for a week. I went to HR yesterday for a different reason (the confirming my notice period was a total coincidence due to human error) and while there saw my employee file which had a letter about a probation extension. Because there is something in writing I have never seen I pointed this out.

Basically HR confirmed that I have passed my probation and she was sympathetic to the fact I have had no prior warnings, passed through my probation period, then was told it would be extended, then I have had to go to ACAS to get some advice because it's breach of contract, then I have had a week with absolutely no update and have had to travel (I'm mostly remote with occasional travel to the office) to a different city with absolutely no idea what to expect.

HR spoke to my manager and then have confirmed to me that I am going to be put on a PIP. Again, no warnings. Apparently HR are sure I will "smash it".

Honestly I am fucking furious at this point and basically said as much and I am really unhappy with how this has been handled. It has really soured my experience with the company.

Any advice about this is more than welcome. I've never been put on a PIP, I'm quite convinced this manager just hates me, and I'm wondering if I should just quit, or even if I should complain about being on a PIP out of nowhere.

I’d be livid too. I’d just start looking for another role and leave when I found something more suitable. As much as I’d want to walk out, the income would keep me there.

If your manager wants you out then you are on a hiding to nothing in my experience. Your relationship with them will be soured over this.

I have watched people be managed out of companies and it’s never pleasant. You can fight it with grievances and appeals, however, if it were me I would rather put my energy into looking positively forward, than trying to fight something I can’t change. With less than 2 years service you can be dismissed easily, although fighting a discrimination case in these circumstances may be possible from your posts.

Well the previous discussion around probation extension, as flawed as that was as you had passed by default, was perhaps an indication that there was something not right. I don’t really think there is any mileage to be gained about not having enough notice of being put on a PIP.

Your manager has made some inappropriate comments, but I don’t think I would be wanting to fight the stress of a discrimination legal case based upon them alone.

Truthfully, I think finding another job is probably the best course of action you could take. I think the employee / employer relationship has broken down.

OP if you aren't already, ensure you record every single interaction you have l, verbal or otherwise, with management (especially your direct line manager) and also HR.

Additionally I would follow up any interaction you have by text, WhatsApp, telephone via email (bcc it to your personal email account, confirming what is said to you verbally and what was agreed so you have an audit trail especially regarding the strategy document and your successes whilst on the company's employment. Print off a copy for yourself).

It very much sounds like you need to protect yourself and your personal and professional reputation as you are being attacked.

I agree with PP that you should quietly just start looking for another job and get your notice period agreed in writing by HR if this is not already the case. Agreed your energy is better placed in removing yourself from such a negative environment where your face is, for whatever reason, no longer fitting. Good luck for your next steps. 🌹

I'd play hardball.

Consider why she's doing this. Is she a poor performer? Is she worried you are better than her? Have you got something on her you can use?

Alternatively tell HR you know what her game is (highlighting exactly why) and are they willing to enter a protected conversation?

Alternatively work your arse off on the PIP but I don't trust her.

Stay strong, OP. I won’t presume to say what’s in your best interest because I don’t know.

But I do think it’s likely that your manager is in trouble and has decided to sacrifice you. It’s sloppy thinking and will likely backfire, given your sales statistics. Sadly as you imply that the colour of your skin may be under-represented in the firm, this could be a factor in the fool’s decision.

Can you just try to focus on acting in your own best interest? My understanding is that pursuing a lawsuit for wrongful dismissal us brutal, and your manager is being cagey enough not to provide hard evidence. Success elsewhere may be the best revenge. Though we would all be happy if you were able to to take the bastard down, it may not be worth the stress

Well the inevitable has happened and manager's behaviour has escalated to outright hostility.

I am constantly getting thrown under the bus, publicly criticised, and privately insulated. There was talk of a PIP but no follow up which I'm pretty certain is because there isn't actually anything wrong with my performance. My numbers are continuing to improve, I'm going out of my way to be helpful to the team and just get belittled. I've asked HR for a copy of the employee handbooks as I have an ongoing issue with bullying to put it in writing. Currently also applying for other jobs.

Any advice on how to raise a grievance would be welcome.

You’ll need to follow whatever grievance procedure is in your staff handbook.
Make sure you document everything that is happening, and who is witnessing it.

What a nightmare. Completely unprofessional for a manager to act that way. Have HR provided any info? I'd discuss with them.