Extended Probabation

X-Calibre

So I've been in my job about 8 months. In my contract it specifically stated that I would be on probation for the first 6 months. Nowhere does it mention the possibility of it being extended.

So after 6 months I got called in for a meeting and was told they would be extending my probation for 1 month because I had missed 3 days of work. Now, I had a doctors note for these days as the absence relates to an ongoing illness I've had, but I didn't take much notice of this extension, as it was only 1 month.

So 2 months later and I'm wondering why I'm still on probation. I email HR and a week later they tell me my probation is now being extended for 4 months because of the "current economic climate".

The downside of this for me is that I miss out on alot of benefits, including a nice bonus for finishing probation. I also still have only have 1 weeks notice if I'm let go as opposed to 1 months when I'm off probation. I have one other colleague who has been left in the dark about her probation longer than me.

Just wondering is this acceptable for my employer to do this? Have I any rights? They have recently let go 4 people (about 15% of the company) and I feel like they want us on probation in case they need to let more go.

Nody

Probation can be up to 12 months in a non public company iirc.

As for how, review your employee handbook, it should have a section on it.

Sleipnir

From Citizensinformation.ie

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 is one year or less and is specified in the contract.

They can keep you on probation for one year but usually, they can't extend the probation after the probationary period specified in your contract has lapsed.

e.g. your contracts states a probationary period of 6 months. They call you in after 7 months and say they're extending it for two. I would say that they would then be in breach of contract.

I would contact NERA with all the dates eg when you began employment, the date your probation should have ended, the date you were notified of it being extended it and ask for their opinion.

It does sound like they're just going to string you along for as long as possible and then let you go though.

Nody

They can extend the probation beyond the time listed in the contract but usually (if HR got a clue) it requires a reason that is backed up (possibly by a disciplinary hearing. One of the companies I worked at HR department was always asking us why would we extend the probation; either they are good enough and can be passed (i.e. one feck up should not matter if the person is sound) or they are not and should be let go; fair play for attitude there imo.

AARRRGH

X-Calibre wrote: »

I email HR and a week later they tell me my probation is now being extended for 4 months because of the "current economic climate".

Wow, I'm amazed HR actually said that.

If I were you I would work my ass off (and no more sick days) for the next few weeks. Sounds like there is a really strong chance you are going to lose your job, so do whatever you need to do to pass that probationary period!

dade

X-Calibre wrote: »

So 2 months later and I'm wondering why I'm still on probation. I email HR and a week later they tell me my probation is now being extended for 4 months because of the "current economic climate".

I'm pretty sure they can't do that.

your initial probation is for 6 months. if i remember right they can only legally extend your probation one time, they have done by one month. once that one month period expires they can't put you on further probation.
likewise after the one month period expires they can retrospectively go oh yeah we're adding more. once the probation expires they have two choices let you go or keep you on full time.

they do not notify you that they are letting you go after the 7th month so you should have been made a full time employee


secondly the economic climate is not a valid reason to extend probation, your probation period is to see if you are a fit for the company and if the company is a fit for you. it's a perform ace thing not an economics thing.

get some more info but I'm prety sure what I'm saying is right

dade

Nody wrote: »

either they are good enough and can be passed (i.e. one feck up should not matter if the person is sound) or they are not and should be let go; .

pity my company didn't have a HR dept that knew how to work. this is how probation should work.

Sleipnir wrote: »

They can keep you on probation for one year but usually, they can't extend the probation after the probationary period specified in your contract has lapsed..

my understanding is they can extend your initial probation only once and that your combined probation periods can not exceed one year. but I'm open to correction on this. I believe it stemmed from number of companies that would take people on, give them 3 x 3 months, then 3x1 months then just prior to the 12 month mark let them go. it was decided that if after the second probation you still can't figure out if the person should be there then maybe they shouldn't.

Sleipnir wrote: »

your contracts states a probationary period of 6 months. They call you in after 7 months and say they're extending it for two. I would say that they would then be in breach of contract...

if they call you in after 7 months tell them where to go, they have to notify you prior to your first probation expiring that they are extending it and they need sound grounds for doing it. the "economic climate" in my opinion isn't a valid reason. if the 6 months passes without notification they you are assumed to have been successful in your probation.

Sleipnir wrote: »

I would contact NERA with all the dates eg when you began employment, the date your probation should have ended, the date you were notified of it being extended it and ask for their opinion.

It does sound like they're just going to string you along for as long as possible and then let you go though.

me too I'd be on that phone ASAP.

Sleipnir

dade wrote: »

my understanding is they can extend your initial probation only once and that your combined probation periods can not exceed one year.

Actually I think you're right there. They couldn't extend it every week for one week.

Also

The employer should always ensure that employees are carefully monitored during the probationary period. If performance is not satisfactory, guidance should be given about the standards the new employee should be meeting. If the contract states that the probationary period can be extended at the employer’s discretion, the employee must be notified that the probationary period is being extended. Failure, to do this, could result in the employer being in breach of contract.

http://www.meathchronicle.ie/classified/roundup/articles/2009/04/16/38518-office-politics-probation-period/

Mrs OBumble

AARRRGH wrote: »

Wow, I'm amazed HR actually said that.

If I were you I would work my ass off (and no more sick days) for the next few weeks. Sounds like there is a really strong chance you are going to lose your job, so do whatever you need to do to pass that probationary period!

Why does the OP need to pass the probationary period? S/he'll still only have one year's service, so probably won't be eligible for any redundancy. If s/he goes asked later why the job ended, the answer is simply that the company downsided due to the economy.

X-Calibre

Cheers for all the replies.

Nody wrote: »

Probation can be up to 12 months in a non public company iirc.

As for how, review your employee handbook, it should have a section on it.

I don't have an employee handbook. All I have is my contract which contains everything. It specifically says 6 months probation, and doesn't mention anywhere about extending it.

AARRRGH wrote: »

If I were you I would work my ass off (and no more sick days) for the next few weeks. Sounds like there is a really strong chance you are going to lose your job, so do whatever you need to do to pass that probationary period!

You see the thing is, without sounding full of myself, I'm probably one strongest workers we have. When my probation was first extended they made it very clear that they were happy with my performance, and that it was only because of sick days. I was told that I needed to have no more sick days for 1 month (I haven't had one since) and that I would be off probation then.

Only after inquiring about it 2 months later did I get told it would be extended again because of the recession.

I've emailed NERA anyway for some advice.

dade

X-Calibre wrote: »

Cheers for all the replies.
I don't have an employee handbook. All I have is my contract which contains everything. It specifically says 6 months probation, and doesn't mention anywhere about extending it..

there may not be a requirement for a handbook once the contract covers everything from time off work, working hours, grievance procedures, holiday allowances and all the usual things that are covered in a handbook.

also there is no requirement for it to mention any other probations because it's specifically covered in law

X-Calibre wrote: »

When my probation was first extended they made it very clear that they were happy with my performance, and that it was only because of sick days. I was told that I needed to have no more sick days for 1 month (I haven't had one since) and that I would be off probation then..

ok so you had 3 days certified sick and everything else was ok? is your manager a tool? coz if i was your manager i wouldn't let that bother me, you have obviously been sick coz who'd spend €60 on a cert if you're suffering from guinessitise?

X-Calibre wrote: »

Only after inquiring about it 2 months later did I get told it would be extended again because of the recession.

I've emailed NERA anyway for some advice.

fair play coz i believe this is illegal, also get on the phone email sucks. i emailed about a problem i was having and it took 5 weeks to get a response, pick up the phone call them they'll be able to assist you that way and tell you what booklets etc you need to look at.

JustMary wrote: »

Why does the OP need to pass the probationary period? S/he'll still only have one year's service, so probably won't be eligible for any redundancy. If s/he goes asked later why the job ended, the answer is simply that the company downsided due to the economy.

you're 100% correct from a redundancy point of view, the OP would need 2 years unbroken service to avail of any statutory redundancy entitlements.

but the question was around probation not redundancy and there are laws specific to the amount and length of a probation period though i can't tell you which act coz I'm not working in that field. I've just made it my business to know (as i think every employee should)