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Probation Extended outside Probation Period

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  • 15-09-2014 5:42pm
    #1
    shivral
    Registered Users Posts: 16 ✭


    Hi,

    I wonder if you guys have any suggestions:

    My contract of employment indicates 6 months probation period, during which I have not been informed that my probation might be extended due to whatever reasons.

    Now, several weeks after my probation ended (technically) I have been called for a "probation review meeting". Those review meetings are not standard procedure in my company and other staff who started at the same time, on similar roles, have not been called for those meetings either; I am suspecting my manager will try to extend probation during this meeting for some minor issues we've discussed in the past.
    I have contacted CIC asking if the employer can extend probation after it technically ended and I've been told basically that "there isn't anything in the law as such preventing them from extending it" so it left me fairly confused. In other words I wonder can they contradict their own contract?
    Also, I would appreciate some words of wisdom on how to approach the situation. I am due to attend the meeting later on this week.
    Thanks in advance,

    Shivral
    Tagged:


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    #2
    Buona Fortuna
    Closed Accounts Posts: 3,507 ✭✭✭Buona Fortuna


    Hi OP

    What are the minor prblems that your manager has spoken about:
    I am suspecting my manager will try to extend probation during this meeting for some minor issues we've discussed in the past.

    How long have you worked for the company?


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    #3
    shivral
    Registered Users Posts: 16 ✭shivral


    Hi Buona Fortuna,

    Thanks for your reply. I'm with them for years however have been promoted into new role on the beginning of this year.

    Minor issues discussed were re communication difficulties resulting in completion of task being delayed; not being confident enough (in early stages of my new role) to make decisions without being too black and white. We have identified those issues and agreed on action plan. I have made an effort to overcome the above and to follow the action plan and it was acknowledged by the manager.

    Shivral


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    #4
    Theta
    Registered Users Posts: 1,760 ✭✭✭Theta


    From what I understand, unless they tell you that your probation is being extended before the date it finishes then it finishes on that date and cannot be extended.

    My missus works in HR and told me this, it could just be company specfic though.


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    #5
    Buona Fortuna
    Closed Accounts Posts: 3,507 ✭✭✭Buona Fortuna


    Theta wrote: »
    From what I understand, unless they tell you that your probation is being extended before the date it finishes then it finishes on that date and cannot be extended.

    My missus works in HR and told me this, it could just be company specfic though.

    Hummm I'm not so sure. In my previous company (national company in UK) promotees served a probation period:

    • there were monthly reviews, documented
    • at the end of that probation period the appointment was either confirmed, not confirmed or the probation was extended for 3 or 6 months.
    • the final review would always be some time after the trial had technically been completed.
    Short answer is I tthink they can. Why do you think that that is what they're intending?


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    #6
    shivral
    Registered Users Posts: 16 ✭shivral


    Hi,

    To be honest there's a huge personality issue plus maybe some power freakiness, if it makes sense. Both myself and my now manager have worked on the same positions until this year, however in different locations. Before new roles have been appointed we have not been friends either and had an episode of argument...I have not applied for the job he is doing now and I consider he is well fit for the role and I'm taking his guidance professionally....now, while I am totally happy with where I am and what I do I think, that it could only be on my side and no matter what I'll do I always be under performing in his eyes.

    Any advice on how to take it?


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    #7
    Buona Fortuna
    Closed Accounts Posts: 3,507 ✭✭✭Buona Fortuna


    OK Shivral, I think I get it :)

    You have an HR dept.? Identify a contact and find out where the manuals/rules that pertain to this are kept and check them out.

    When you meet with your manager, make your own notes of the meeting. Cut out the trivial stuff but otherwise its "He said, She said." If there is a notetaker, the notes should be agreed at the end of the meeting if not read yours out and invite your manager's agreement.

    I think thats as far as we can take it until something happens.


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    #8
    shivral
    Registered Users Posts: 16 ✭shivral


    Hi BF,

    Thanks again. re manuals - I have checked it already and there's no specifics re probation as such, except the usual stuff that the company reserve the right to extend....
    In the event of him extending the probation I will have to have my goals clearly specified; I will try to propose biweekly reviews to check my progress plus I'd ask how will I know when I've reached my goal...it's all very ambiguous as there isn't anything in particular I do wrong but I feel I'm on the way out already. Thanks again, I'll update this soon enough.

    Shivral.


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    #9
    Buona Fortuna
    Closed Accounts Posts: 3,507 ✭✭✭Buona Fortuna


    Yes Shivral I think you're on the right track.
    • What are my objectives?
    • How will success/failure be measured?
    • When and how reviewd?
    • When and how recorded (and if they don't make sure you do)

    All the best, I hope things work out for you.


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    #10
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Probationary period

    The contract can include a probationary period and can allow for this period to be extended. The Unfair Dismissals Acts 1997-2007 will not apply to the dismissal of an employee during a period at the beginning of employment when he/she is on probation or undergoing training provided that:
    •the contract of employment is in writing
    •the duration of probation or training is one year or less and is specified in the contract.

    The above exclusion from the Acts will not apply if the dismissal results from trade union membership or activity, pregnancy related matters, or entitlements under the maternity protection, parental leave, adoptive leave and carer's leave legislation.


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    #11
    Eoin
    Moderators, Category Moderators, Motoring & Transport Moderators Posts: 21,238 CMod ✭✭✭✭Eoin


    I think in these cases it's better to focus on why they want to extend probation and what can be done about that, rather than the ins and outs of when it's being done.


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    #12
    shivral
    Registered Users Posts: 16 ✭shivral


    Extended for additional 3 months; done in a professional manner with main focus on me becoming better at what I do.

    however, what got me confused is when I've asked what is going to happen in 3 months if I don't meet the goals set - they told me that it's going to be reviewed again! So, how many times, and for how long can you actually extend the probation?
    And it's not that I'm not going to do my best to achieve the goals set but they are hardly measurable - they are matter of opinion, so anything can happen in few months again!


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    #13
    Eoin
    Moderators, Category Moderators, Motoring & Transport Moderators Posts: 21,238 CMod ✭✭✭✭Eoin


    It can't go beyond a year, if I recall correctly.


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