Probation Peropd Issue

[Hawkmoth]

DP started a new job 1st September in a school (non-teaching). At his first probation meeting they extended it for spurious reasons, which have all been 'overcome'.

At the second one, they extended it because he had had some time off sick. In his conditions of service any sickness is to be referred to the Director of Children's services... never heard anything.

It's his final meeting tomorrow and he's pretty sure they are going to finish him. They took on two new people into the pastoral system and it's not worked as the people whose workload they have taken on hate it basically. They will probably both be finished, but the other worker started later than DP.

However, in his conditions of service he should have been notified of termination at the latest 26 weeks after his start date. It'll be 31 weeks. Where does he stand now?

Tried to contact the council to discuss but the relevant person will be at the meeting tomorrow and so DP didn't want it to be too obvious.

Thanks in advance to any experts. DP is not in a union

Ho hum, I obviously meant 'probation period'.

how do you mean he should have been notified of termination 26 weeks after start date? What if they didn't know they wanted to dismiss him until after that date? I don't really understand that.

He can't claim unfair dismissal until he's got a year's service unless there is some sort of discrimination, which I assume there isn't, so there's probably not a lot he can do if they do dismiss him tbh.

But if he's gone over the 26 weeks does that mean he has been automatically taken off probation? Plus, have they broken their conditions of service on this count?

They have in other ways, plus there were some serious harrassment issues, with his line manager slagging him off on a personal level to a member of the senior management team... in a corridor

Even if he finds another job straight away he would want to take them to task for their treatment of him and the other employee. Plus as it's a school he would want to write to the Governors to highlight the weaknesses in procedures which are holding the school back, as it could be so much better with better communication and fewer clique-y middle-managers.

If they extended his probation they extended it, I don't really understand the 26 weeks issue - I assume that's his normal probation period, but the 'must have been notified of termination' by 26 weeks after the start date doesn't really make sense. I doubt they'd put something in the contract stating they were not allowed to terminate his employment after 26 weeks of service, that wouldn't make sense and would mean his employment could never be terminated, which can't be right.

The bottom line is, he has virtually no rights during the first year. Probation isn't a legal term, it's just a handy mechanism for an employer to assess an employee's performance really, it has no meaning in law. The first year is the key period legally.

He can certainly raise a grievance about his treatment if he wishes to do so, and write to the governors.

If you're on probation, you have to be terminated by 26 weeks. They haven't. But there's nothing to say what his status is after 26 weeks.

It sounds like a poorly drafted contract, that doesn't take into account extended probationary periods or the fact that there might be any number of reasons to terminate after that time.

He could try to sue for breach of contract I guess, but if it's a contract term saying he can't be terminated at any time after 26 weeks I doubt he'd get anywhere anyway tbh as to me that's clearly a mistake with drafting rather than a realistic commitment from the employer never to terminate anyone past that time. Probably wouldn't be worth it anyway.

I wish I could say something a bit more useful.

Thanks flowerybeanbag.

I think the probation system just assumes they can and should sort things out before the 26 week mark.

This latest delay is because they got a consultant in to re-evaluate the new pastoral system. Nothing to do with performance. DP obviously would rather work somewhere else, but would be better to move with somewhere to go to

Unless he's on a fixed term contract without a "break clause", they can just give him notice/pay him in lieu at any time. Usually there is a shorter notice period during probation (eg a week) so if he has got through the probation period, he would be entitled to normal contractual notice. However, as Flowery says, if there is no discrimination/whistleblowing etc element, there won't be much he can do during the first year of employment.

They rescheduled his meeting to today so they could get the 'contractual stuff and notice period right'. I think he'll be entitled to a month's notice, rather than just being terminated as he would have been at the end of probation.

They will have to make him redundant, or go through disciplinary (which would be VERY DIFFICULT as he's done nothing wrong) so it's not all bad.

I personally think they will go for redundancy, and use the report they have had cobbled together to support it.

It gives us a month to find him something else, which isn't too bad in education at this time of year. I'll be glad when it's over and he starts sleeping again

they won't have to make him redundant or go through disciplinary, they can just sack him. he really has no rights to better treatment with less than a year's service. unless he is being discriminated against.

Unfortunately as ruddynorah says they don't have to make him redundant or go through any disciplinary process, they can just dismiss him, as he has no right to claim unfair dismissal there's nothing he can do about it if they use an unfair process.

His contract states that he can have a month's notice with any service up to a year. I'll know soon enough anyway.

Well they're paying him until 30th April and giving him glowing references.

BASTARDS anyway! I'm adding them to my list (you know, when my family dies in a horrible tragedy and I go on a rampage).

Sorry to hear it's final hawkmoth, but that is positive about the references.

About the pay - if he's entitled to a months' notice and he was given that today, 2 April, his last day should be 1 May. I know it's only a day, but with no job a day's pay might be worth making a fuss about, assuming notice was given today and should be a month.

Apparently it's four weeks' notice. I don't think he cares, he came home a totally different man tonight

Plus one of the jobs he's applied for has written for a reference. His line manager, who likes him, is writing one, and giving him a copy tomorrow.

He also gave the head some tips about what to put in the job description so they don't end up with the same situation!

Thanks for your help, and for letting me vent!

No problem, and glad he seems to be feeling positive, fingers crossed for the new job!

Thanks Just gutted he didn't get the job where I wrote the personal statement! I feel I went a bit propaganda on it!