Failed probationary period, apparently!

Failed probationary period, apparently!

Author
Discussion

Mr.Chips

Original Poster:

839 posts

213 months

Saturday 22nd October 2016
quotequote all
Hi Guys,
My brother has just got to the end of his probationary 6 month period working for a large public transport subsidiary in the north of England. His particular job involved collecting infirmed/disabled people and taking them to wherever they wanted to go.
Throughout his probation, he has received very positive comments from the customers, to the extent that some of the other drivers would pull his leg by calling him, "the blue-eyed boy." In addition to this, at regular intervals during the probation, he asked his line manager if everything was OK, the response to this was, "yes, carry on doing what you are doing." Normally, probationers do not get their full uniform until they have completed the probation, yet my brother was issued his after only 5 months.
Anyway, the 2 weeks before the probationary period was up, he was taken ill with a chest infection. He carried on working for a week, but then was so ill that he was signed off for the last week. On the Wednesday of that week he took his sick note to his place of work and saw his line manager who said he could understand him being off because he was obviously very ill. He then went on to discuss my brother's shifts for the week he returned to work.
You can perhaps understand his surprise when, the next day, he received a letter for the same line manager, saying that he had failed his probationary period and was not going to be offered a contract. No reason was given.
Now there are only 2 possible reasons I can think for this outcome.
1.) My brother is very careful when it comes to his passengers and his driving licence. Consequently, after conducting his daily vehicle checks he has defected 2 vehicles, one for a tail-lift problem and another for defective brakes. Both faults were later confirmed.
2.) He reported a senior driver for being under the influence while on duty. He subsequently found out that the driver he reported is very friendly with the line manager, to the extent that their families holiday together.
His appeal was yesterday and, yet again, they refused to tell him why he had failed. The manager leading the appeal has told him he will investigate all the points my brother raised.

Finally, if you have read through all of this, I am very grateful and would appreciate any comments regarding any further action we could take and is there any way they can be convinced to tell him why he has been effectively dismissed. Thank you for all positive comments.

Joey Ramone

2,150 posts

124 months

Saturday 22nd October 2016
quotequote all
I've nothing useful to add and I hope it gets sorted in his favour, but if it doesn't, and if if your brother's behaviour is indicative of his general attitude towards people and work in general, then he sounds like a good egg and has pretty good prospects going forward

Magic919

14,126 posts

200 months

Saturday 22nd October 2016
quotequote all
He hasn't been there long enough to have any real employment protection. You can't really expect a valid reason (if it's what you think), but you could push them to invent something.

kowalski655

14,599 posts

142 months

Saturday 22nd October 2016
quotequote all
Might this apply
http://www.acas.org.uk/index.aspx?articleid=1919

Assuming appeal manager finds this as a reas0n

Sir Lord Poopie

212 posts

89 months

Saturday 22nd October 2016
quotequote all
Even when employees do have employment rights following two years of service, if the company wants rid of the employee there's hardly any come back, never mind during the probation period (LOL). Best thing to do is to find new employment and forget about it.

sidicks

25,218 posts

220 months

Saturday 22nd October 2016
quotequote all
Mr.Chips said:
Hi Guys,
My brother has just got to the end of his probationary 6 month period working for a large public transport subsidiary in the north of England. His particular job involved collecting infirmed/disabled people and taking them to wherever they wanted to go.
Throughout his probation, he has received very positive comments from the customers, to the extent that some of the other drivers would pull his leg by calling him, "the blue-eyed boy." In addition to this, at regular intervals during the probation, he asked his line manager if everything was OK, the response to this was, "yes, carry on doing what you are doing." Normally, probationers do not get their full uniform until they have completed the probation, yet my brother was issued his after only 5 months.
Anyway, the 2 weeks before the probationary period was up, he was taken ill with a chest infection. He carried on working for a week, but then was so ill that he was signed off for the last week. On the Wednesday of that week he took his sick note to his place of work and saw his line manager who said he could understand him being off because he was obviously very ill. He then went on to discuss my brother's shifts for the week he returned to work.
You can perhaps understand his surprise when, the next day, he received a letter for the same line manager, saying that he had failed his probationary period and was not going to be offered a contract. No reason was given.
Now there are only 2 possible reasons I can think for this outcome.
1.) My brother is very careful when it comes to his passengers and his driving licence. Consequently, after conducting his daily vehicle checks he has defected 2 vehicles, one for a tail-lift problem and another for defective brakes. Both faults were later confirmed.
2.) He reported a senior driver for being under the influence while on duty. He subsequently found out that the driver he reported is very friendly with the line manager, to the extent that their families holiday together.
His appeal was yesterday and, yet again, they refused to tell him why he had failed. The manager leading the appeal has told him he will investigate all the points my brother raised.

Finally, if you have read through all of this, I am very grateful and would appreciate any comments regarding any further action we could take and is there any way they can be convinced to tell him why he has been effectively dismissed. Thank you for all positive comments.
Your brother seems reliable, conscientious and very professional, determined to do the job to the best of his ability to help his customers - do you really think he will fit in in the public sector...?!
biggrin

Seriously, this sounds as though he plays everything 100% 'by the book' (nothing wring with that), and that attitude is likely to be resented by established personnel who are used to being a bit more 'flexible'.

Hopefully he can find something else where he will clearly be an asset to the company.


Edited by sidicks on Saturday 22 October 11:58

Hainey

4,381 posts

199 months

Saturday 22nd October 2016
quotequote all
Sir Lord Poopie said:
Even when employees do have employment rights following two years of service, if the company wants rid of the employee there's hardly any come back, never mind during the probation period (LOL). Best thing to do is to find new employment and forget about it.
Utter, utter rubbish.

Sir Lord Poopie

212 posts

89 months

Saturday 22nd October 2016
quotequote all
Hainey said:
Utter, utter rubbish.
OP's mate was under probation - he can be fired without explanation which is what happened. Matter of fact!

Hainey

4,381 posts

199 months

Saturday 22nd October 2016
quotequote all
Sir Lord Poopie said:
Hainey said:
Utter, utter rubbish.
OP's mate was under probation - he can be fired without explanation which is what happened. Matter of fact!
My problem with your comment is twofold.

Firstly, that after two years an employee still really has no rights. Utter rubbish.

Secondly, before two years there are no rights whatsoever. Again, rubbish, and if you knew what you were talking about you'd know that.

For reference, I'm an employer who has seen this several times from the other end. What's your frame of reference?

hairyben

8,516 posts

182 months

Saturday 22nd October 2016
quotequote all
Hainey said:
My problem with your comment is twofold.

Firstly, that after two years an employee still really has no rights. Utter rubbish.

Secondly, before two years there are no rights whatsoever. Again, rubbish, and if you knew what you were talking about you'd know that.

For reference, I'm an employer who has seen this several times from the other end. What's your frame of reference?
What actually happens in the real world is often very different from what the laws procedure says should. What the OPs mate says or feels is irrelevent when several senior people collude, you get into balences of probabilities.

1. Management will happily sack a hard worker based on testimony of what they know are lies if hes not fitting with a team of dossers as hes the disruptive one, because thats the easiest solution. This can and does go on, most people want the easy life

2. Ive been made to sign a form to say I was offered an item of safety equipment and refused to use it, under threat of dismissal and blacklisting (google the building industry blacklists if you dont know what they are). The truth is I repeatedly asked for the piece of safety equipment and was repeatedly fobbed off and there was an accident requiring a hospital visit

Sir Lord Poopie

212 posts

89 months

Saturday 22nd October 2016
quotequote all
Hainey said:
My problem with your comment is twofold.

Firstly, that after two years an employee still really has no rights. Utter rubbish.

Secondly, before two years there are no rights whatsoever. Again, rubbish, and if you knew what you were talking about you'd know that.

For reference, I'm an employer who has seen this several times from the other end. What's your frame of reference?
Employers have to be careful, but it doesn't stop them managing an employee out the business, rights or otherwise; been there personally. So I was forced out of the job but I'm not a black lesbian disabled transsexual, so I would never win a tribunal - am I better off with my 'rights'? PS my rights got me 2 months of gardening leave.

cat with a hat

1,484 posts

117 months

Saturday 22nd October 2016
quotequote all
Hainey said:
Sir Lord Poopie said:
Hainey said:
Utter, utter rubbish.
OP's mate was under probation - he can be fired without explanation which is what happened. Matter of fact!
My problem with your comment is twofold.

Firstly, that after two years an employee still really has no rights. Utter rubbish.

Secondly, before two years there are no rights whatsoever. Again, rubbish, and if you knew what you were talking about you'd know that.

For reference, I'm an employer who has seen this several times from the other end. What's your frame of reference?
Depends what you classify as 'rights', everyone's perception varies drastically.

condor

8,837 posts

247 months

Saturday 22nd October 2016
quotequote all
Mr.Chips said:
Hi Guys,

Now there are only 2 possible reasons I can think for this outcome.
1.) My brother is very careful when it comes to his passengers and his driving licence. Consequently, after conducting his daily vehicle checks he has defected 2 vehicles, one for a tail-lift problem and another for defective brakes. Both faults were later confirmed.
2.) He reported a senior driver for being under the influence while on duty. He subsequently found out that the driver he reported is very friendly with the line manager, to the extent that their families holiday together.
I think you're probably right as to the reasons.

Advice I'd give for someone in a probationary period is to not cause problems with operational procedures and don't upset any of your colleagues, especially those who have been there for a long time.

williamp

19,213 posts

272 months

Saturday 22nd October 2016
quotequote all
condor said:
Mr.Chips said:
Hi Guys,

Now there are only 2 possible reasons I can think for this outcome.
1.) My brother is very careful when it comes to his passengers and his driving licence. Consequently, after conducting his daily vehicle checks he has defected 2 vehicles, one for a tail-lift problem and another for defective brakes. Both faults were later confirmed.
2.) He reported a senior driver for being under the influence while on duty. He subsequently found out that the driver he reported is very friendly with the line manager, to the extent that their families holiday together.
I think you're probably right as to the reasons.

Advice I'd give for someone in a probationary period is to not cause problems with operational procedures and don't upset any of your colleagues, especially those who have been there for a long time.
Yes. Sadly for your brother he rocked the boat. A no-no where the public sector is concerned. Keep your head down, keep quiet is the way. On the upside, he would be very good in the private sector...

...But not a probation peiod someone can be gone with no comeback and no explanation. He needs to move on.

Jasandjules

69,825 posts

228 months

Saturday 22nd October 2016
quotequote all
In the absence of discrimination or whistleblowing, your man has very few protections at all and an employer can pretty much terminate his contract and pay the notice due.

Hainey

4,381 posts

199 months

Saturday 22nd October 2016
quotequote all
Jasandjules said:
In the absence of discrimination or whistleblowing, your man has very few protections at all and an employer can pretty much terminate his contract and pay the notice due.
Throw in pregnant, and you have the holy trinity. Rather a long way from 'no protection or rights' however as was stated.

MitchT

15,788 posts

208 months

Saturday 22nd October 2016
quotequote all
Mr.Chips said:
2.) He reported a senior driver for being under the influence while on duty. He subsequently found out that the driver he reported is very friendly with the line manager, to the extent that their families holiday together.
There's your answer. Welcome to the real world.

Jasandjules

69,825 posts

228 months

Saturday 22nd October 2016
quotequote all
MitchT said:
Mr.Chips said:
2.) He reported a senior driver for being under the influence while on duty. He subsequently found out that the driver he reported is very friendly with the line manager, to the extent that their families holiday together.
There's your answer. Welcome to the real world.
This may be considered whistleblowing. He needs to take formal advice from an employment lawyer, because whistleblowing does not require the qualification period..

It may be that a few letters to his employer will assist him, though I feel in any event he wants to be looking for another job in any event.


MikeGoodwin

3,323 posts

116 months

Saturday 22nd October 2016
quotequote all
Hainey said:
Utter, utter rubbish.
Speak to an employment lawyer and youll find it isnt.

okgo

37,855 posts

197 months

Saturday 22nd October 2016
quotequote all
MitchT said:
There's your answer. Welcome to the real world.
hehe

Sounds like blue eyed boy wasn't a term of endearment either - rock the boat and issues arise in most things in life, jobs are not special cases for that, especially in a low skilled line of work where there will be plenty more people able to do the job.

Sad but true I suppose.