Probation

[fairycupcakes]

Hi all,

I’m hoping I can get some kind of answers or help from you because I’ve been totally blindsided.
I started a new job earlier this year and have been exceeding the targets set out and only a couple of weeks ago had the sales manager tell me he could see me up in the top ten (sales floor of about 60) before too long really giving me hope I had fit in well to the business and affirming I was achieving the expectations.
Yesterday (2 months in) my team leader took me into a room and told me that he was failing my probation. Despite the probation being set at 3 months. I asked why it was being done early never mind why there was no extension option and he didn’t really have any valid reasons, I was in total shock but I do remember him saying that it’s really harsh, that he didn’t want to be doing this as I’ve been a great addition to his team and overall always arriving 15-30 minutes early each day, never absent or off sick etc. There were no prior conversations or any meetings alluding to any of this happening nothing set out or defined in any way if it was a performance-based issue etc because it’s evident it wasn’t. Nothing like this has ever happened in my 10 year sales career so far so I don’t know the protocol and don’t know if this is right or what needs to be done next or what can be done about it.
I’m very good at what I do and have been a huge success in my prior two roles in different companies before this one.
He refused when I asked if the sales manager could come into the room to give me further explanation or to help me understand why this is the only outcome. Eventually he left the room and did come back in with that manager. Again no real explanations given and when asked why I couldn’t have the standard 3 months probation he said “we just don’t have the time” - now I have got to know a lot of my colleagues really well in the last couple of months and it was openly known that the floor needed to be cut by around 5/6 agents over the months of April and May so is this actually a justified reason or is there something I can do? There has been no communication written or otherwise since the sales manager took my work pass and let me out of the building. I have sent emails to him, the sales director, hr and ceo and have received nothing. I’m devastated and so confused because I was out- performing a lot of colleagues that have been there longer than me but just because I am the easy option to get rid of being very new for the sake of numbers that’s why this has happened to me, it seems the only real explanation is that where I’m so new it’s a case of last in first out. If they knew they needed to cut back I don’t understand why they hired me in the first place. They have fired around 4 people in the last month for under performing one of which started at the same time as me in February, now those had valid reasons but for me it feels like a case of wrong place wrong time because I haven’t actually done anything wrong.

any advice much appreciated because I just don’t know what to do and I’m genuinely devastated because I loved going in each day and the people I worked with and was enjoying the culture of the company as a whole
Thank you in advance x

They don’t need a justified reason. You only have protection against unfair dismissal when you have 2 years service, unless there is discrimination at play (which you don’t mention).

Should I have not received some form of communication though? Regarding the outcome and for my pay for this month and weeks notice etc? I’m hoping the hr department get in touch because I’ve asked for a full copy of my contract so I can read it and see what it says about things like this. It was done via docusign and when I click on it in my emails it won’t let me view it. It just says completed with no option to view

I'm sorry this happened to you, but it sounds like it was almost certainly that you were an easy head to cut.

If they have to make cuts, and you have been there less than 2 years they can dismiss you without cause and you have no recourse.
Within probation and you will also have a shorter notice period (generally).

They should absolutely communicate your final payment details including any accrued but not taken holiday and any pay in lieu of notice, which you are entitled to.

Thank you for your response. Who should I be reaching out to to get that information when nobody is responding to me? I’m just at a loss this has happened. This job was a great opportunity for me to grow in my career and I’ve not even been let go because of performance so it really stings because it’s just a numbers thing.

There's no point reaching out to anyone. What your employer has chosen to do is perfectly legal. They decided to cut staff. They don't have to give a reason or even HAVE a reason

Send an email requesting that they confirm the above details within 7 days.

If they don’t, send a letter before action and a subject access request for everything they hold on you.

They do have to confirm final payment details. Which they haven’t.

Sorry if this sounds silly but what is a letter before action and subject access request? Sorry if that does sound stupid but I’m still fairly young and was in my last employment 7 years so I have no idea about anything like this because I’ve never been in such a situation. Thank you x

Letter before action - you’ll find examples on Google. It’s warning them to respond or you’ll go to court.

subject access request - under data protection law you are entitled to see the information organisations hold about you. That would include your contract.

What would they be taken to court for?

Verbal notice was given yesterday, they'll follow up with everything in writing shortly after. I assume your notice period has started today op?

I hadn’t clocked it was only yesterday.

hold off on the LBA and SAR!

Hi,
I have no idea, no notice period was stated so I honestly haven’t got a clue. I’m just totally lost and clueless with this because it’s never happened before x

They don't need to give you a reason.

They do however need to pay you for the days worked, plus your notice period (whatever your contract says), plus any holiday you are owed up to the point you leave that hasn't been taken

You need to contact HR and ask when you will receive your final pay, etc

I’ve asked for things to be put in writing but nobody from the department I was in has responded to my emails. A lady from the employee relations department has tried to call me in response to my email to HR and left a voicemail but I’m just not up to a conversation right now and want things on an email in black and white. She has been really understanding of me being too overwhelmed to speak by phone and followed up with an email saying she is going to conduct an internal investigation and will call me after the bank holiday but I can only imagine I’ll be feeling the exact same by then, just totally at a loss. I never thought I’d ever be in a situation like this because I’m talented at what I do and have a brilliant work ethic to match so I’m just beside myself because it was a numbers thing and not even something I could control and now I am just scared of that happening wherever I go

Well did they tell you not to go back after yesterday?

They took my pass away and took me to the front door so I would say so, yes. They said they would be in contact over the next week if they are able to place me in another department etc

Normally DocuSign emails a copy of the signed agreement once both sides have completed it so are you sure you don't have a copy somewhere?

Your contract will help you understand what notice period they will have to pay you.

In rough terms it sounds like you have been made redundant rather than "failing" probation. However technically you aren't going through a formal redundancy process as that applies after 2 years of service. That might help you feel like it's less personal. They are reducing headcount and those without 2 yrs service are the easiest start point.

Yeah that’s exactly it, it wasn’t personal and it wasn’t anything to do with performance it was literally a case of then needing to reduce numbers asap but it doesn’t make it any easier because I’m still out of work now and have no idea when I’ll find something else and hate the pressure it will put on DH despite him being very understanding and providing amazing support it’s just not fair on him. I managed to resend the docusign link to myself and read through the contract and also had a confirmation from a HR representative on pay, notice, commissions etc so that’s something at least

*them

Unfortunately you just have to take it on the chin and apply for other roles. It's not about you. You've been there less than two years, so you have no rights unless it was discrimination over a protected characteristic. You're cheap to get rid of. Had you been there at least two years, they'd have to give redundancy pay. It really is just about numbers - and if they're having to get rid of good sales people, it's not a great sign for the employer.

They've now told you your payments, so that's something - did they also confirm you'll get a reference?

Good luck with job hunting.

Sadly you're an easy head to lose, it's so frustrating but they know you have no rights. The dent this will do to your confidence is horrible but try not let it.

Thank you for wishing me luck, my confidence is really shattered so I’m going to need it. I’m trying to tell myself that the way I’m treating/talking to myself is not the way I would talk to someone I love and trying to reframe it as my loved ones are being so brilliant and I’m well supported which I know is not a given to everyone so I am grateful for that but it’s still hard on me because I’ve never been in this position and never once thought I would be. I think I remember my team leader saying he’d give a reference if I want him to but I know that they can just be obtained from HR anyway as mostly it’s just to back up dates on my cv and to confirm my job title etc

Thank you for your message. Yes it’s really difficult and has totally shattered me but I’m hoping I’m not down for too long and can pick myself up before too long