Employment Rights Urgent - please help

gillmc

Hi folks maybe someone can help me as it seems this is a grey area in terms of employment rights. On my contract of employment it stated that I had a probabtion period of 3 months which passed and "fell silent", so I assumed that was it. Now after 3 weeks of the ending of the 3 months probabtion my employer wants a further 3 months probabtion. Im led to believe that there is no law covering probabtion periods in Ireland, is this true. I was also led to beleive that a second or further probabtion period cannot be installed. PLEASE HELP...

homeOwner

Check your contract, if it states that further probation periods are at the disgression of the employer then you have no choice but to accept it or leave. If it just says there is 3 months probation and thats it, then you dont have to accept it and they cant change your contract without you agreeing to it.

However, i presume they are doing this for a reason. If you put your foot down, there could be a backlash against you and they could make life very difficult for you at work to the extent you'd be better off leaving. Would you really want the hassle of that.

Can you talk to your mgr and ask why they want a further probation period. Maybe they have changed their employment and all new hires now have 6 months probation and they want to bring you in line with this? I wouldn't just go along with it without getting a good explaination, you do have rights.

interested

Looks as if extending a probation period up to 12 months is possible. I guess the devil will be in the detail of your contract.

see www.oasis.gov.ie and search for 'probation period'

'Probationary period

The contract can include a probationary period and can allow for this period to be extended. The Unfair Dismissals Acts 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 in 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, Carer's Leave Acts.'

onedmc

gillmc wrote:

Hi folks maybe someone..... PLEASE HELP...

As an employer I can't see anything wrong, legal wise, if you have been employed for less than a year.

From a fairness point the employers ows you a full explanation why you have been given another 3 months probation. A good employer will have a good reason, a bad employer will probably tell you have a choice to take it or leave.

gillmc

Thanks for the help so far guys but it looks like a contract must state that your probabtion may be extended beyond the first probabtion period and mind doesnt mention an extension. Afterall I signed a contract with a probabtion period of 3 months not 6 months so surely I can disagree, the terms of the initial contract have now changed. According to the Dept of Enterprise there is no law governing probabtion periods so who is right.

Borzoi

gillmc wrote:

According to the Dept of Enterprise there is no law governing probabtion periods so who is right.

It doesn't really matter, as if your employed for less than 1 year, the unfairs dismissal act doesn't cover you except in exceptional circumstances (pregnancy, union activiity being two of those)

homeOwner

gillmc wrote:

Afterall I signed a contract with a probabtion period of 3 months not 6 months so surely I can disagree, the terms of the initial contract have now changed. According to the Dept of Enterprise there is no law governing probabtion periods so who is right.

But what can you do about it? Employment law doesnt cover you so are you going to take your employer to court yourself? And to what end? To force them to keep you on without a probation period? What sort of a work environment is that to go into every day.

I'm not saying your not in the right, but sometimes you have to pick your fights.

I think the best thing you can do is talk to your manager or HR and try and clear it up before you start quoting employment law and probation periods at them.

Eoin

This may be seen as quite unwelcome, but maybe you should be concentrating on why they want to extend your probation period rather than the legal intricacies of it.

I can only go on what you have (or haven't said), so the conclusion that I would take is that after three months they are still not sure that they want to hire you permanently. You should sit down with your manager and discuss why this is, and what can be done about it. Arguing over the contract is not going to help.

gillmc

Thanks for all the help guys, the employer has actually backed down when I said that I didnt accept further terms. Turns out it was punishment as I will be off for 2-3 weeks for a serious operation, which I wasnt aware off before taking the position. Something that I wasnt aware off and I find astonishing in this day and age is that employees are not covered by Unfair Dismissal.

homeOwner

gillmc wrote:

Thanks for all the help guys, the employer has actually backed down when I said that I didnt accept further terms. Turns out it was punishment as I will be off for 2-3 weeks for a serious operation, which I wasnt aware off before taking the position. Something that I wasnt aware off and I find astonishing in this day and age is that employees are not covered by Unfair Dismissal.

eh? Employees are covered by employment law. But it doesnt kick in till you've been in your first job for more than a year.

BTW i hope your operation goes well.:)