Probation period in suitable alternative role

[Muuuuuuuum]

My work are restructuring to save costs. My current post is ending and being replaced by a merger of it with another post I also used to do.

This is being presented to me as a promotion opportunity, with higher pay, as an alternative to redundancy. If I take it, it will be subject to a 6 month probation period (standard for new hires but not usual for internal promotions).

I know I can have a 4 week trial and still get redundancy payment afterwards if decide post isn't suitable but, if I fail this longer probation, company say that will be it, I will just be out.

This seems a bit at odds with them saying it is a suitable alternative role and if I turn it down they will consider this unreasonable which will impact my redundancy entitlement.

I have been there a long time and would be expensive to make redundant and can't help feel this is just a solution to save them a redundancy payout.

Does anyone know what the actual legal position is - my googling says everything they are telling me is correct and legal, but putting it altogether I feel like I am about to get shafted.

I’m not sure on the legalities but I share your instinct that this is a way to manage you out and avoid paying you your full dues. I would start looking for something else and take the redundancy package. One thing I’ve learned over the years is always trust your gut with these sort of things.

What is their usual process when offered a promotion? And how confident are you you can do the job/will be shafted?

HR person here. The probation period couldn’t be treated this way.

https://www.peninsulagrouplimited.com/resource-hub/recruitment/probation-period/

Many aspects of this are correct. They are following the law.

However your whole length of service applies for your rights.

So if at the end of your probation you didn't pass they would still have to follow their disciplinary process in full. They can't just dismiss you for not passing probation. They'd have to evidence your failure to perform to a standard that merited dismissal.

That's quite a palava to go through just to manage you out.

Thank you.

This is reassuring and useful to know - that peninsula link was very helpful @SneezedToothOut

@MinervaMcGonagallsCat they seemed to be saying to me my employment would be reset if I took the post. Perhaps I misunderstood what they were saying but now knowing that isn't the case, I will definitely seek some clarity.

To answer other questions - I could do new job but it is a wide ranging role and a lot depends on resource available to help deliver. This is currently unclear and certainly I can see it being easy for them to create a situation in which to I could fail to deliver if that is what they want to do.

Do I think this is what they want? I didn't until they started talking about probation and consequences of failing it. The fact internal promotions are not normally treated like this also concerns me. But I usually fear the worst so it could all just me in my head 😄

I’d definitely push back if this isn’t usual practice (it hasn’t been anywhere I’ve ever worked).

@Muuuuuuuum

they seemed to be saying to me my employment would be reset if I took the post. Perhaps I misunderstood what they were saying but now knowing that isn't the case, I will definitely seek some clarity.

That would be illegal. You have continuity of service dated from the date you started.

Hi, do you mind me asking what happened with this? Currently going through something similar and I feel the same as you - that this is just a cheaper way to get me out

I am.still there, over worked and underpaid! So not a cheap way to get me out, just a cheap way to cover 2 jobs for price of one!

Hope your outcome is positive @lemonsherbert83 - whatever that looks like for you.