Failed probationary period, apparently!

Failed probationary period, apparently!

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Discussion

Hainey

4,381 posts

200 months

Saturday 22nd October 2016
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MikeGoodwin said:
Hainey said:
Utter, utter rubbish.
Speak to an employment lawyer and youll find it isnt.
Really? I speak to my employment lawyer every day just now as I'm an employer with a case pending from before I became MD so maybe I should engage you as councel?

anonymous-user

54 months

Saturday 22nd October 2016
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sidicks said:
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'.
Is the correct answer.

When joining a new workplace, "don't rock the boat" is probably the best piece of advice until you are out of your probabtion period and have well and truly got the measure of your manager and fellow workers.

Don't complain about anything
Don't 'grass' on anyone (I hate that expression)
Don't suggest any fancy new ideas
Don't tell them they've been doing it wrong
Try to get on with everyone and fit in, even if you think they are total aholes.

Edited to add:

I have never fired anyone, but I had to tell one lady I was extending her probation period by another 6 months. She got quite upset as you can imagine, and resigned 2 weeks later.

The reason for extending it was that she didn't really fit in with the other staff and was beginning to irritate them, and secondly she repeatedly complained about a number of safety procedures that we had in place for the residents in our care. We were satisfied that the safety procedures were adequate, the residents were also satisfied, but she insisted it wasn't good enough.

She was a boat rocker.

Edited by NinjaPower on Saturday 22 October 19:23


Edited by NinjaPower on Saturday 22 October 19:24

Hainey

4,381 posts

200 months

Saturday 22nd October 2016
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Ninja power nailed it. Be the 'grey' man and just blend in with a smile and as few words as you can.

Jasandjules

69,879 posts

229 months

Saturday 22nd October 2016
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Do feel free to message me if you wish.

Mr.Chips

Original Poster:

855 posts

214 months

Thursday 27th October 2016
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Hi Guys,
Thanks for all of the responses. Just to update the thread, my brother received the verdict of his appeal hearing today. Apparently, the reasons given for him failing the probationary period were, "attitude and demeanor." Seems rather strange that neither of these points were mentioned during any of the times when my brother asked line managers for feedback on how he was doing. Anyway, the original decision was upheld and my brother was dismissed. It's at times like this when I really hope karma exists.

condor

8,837 posts

248 months

Thursday 27th October 2016
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I thought 'attitude and demeanor' were were what most of us implied in this thread as the reason why.

Jasandjules

69,879 posts

229 months

Friday 28th October 2016
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Mr.Chips said:
Hi Guys,
Thanks for all of the responses. Just to update the thread, my brother received the verdict of his appeal hearing today. Apparently, the reasons given for him failing the probationary period were, "attitude and demeanor." Seems rather strange that neither of these points were mentioned during any of the times when my brother asked line managers for feedback on how he was doing. Anyway, the original decision was upheld and my brother was dismissed. It's at times like this when I really hope karma exists.
Again, do feel free to message me if you wish, in his shoes I would suggest taking it a little further...

Deanno1dad

593 posts

224 months

Friday 28th October 2016
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Sad indeed..Brother sounds a good guy and very employable....As has been mentioned earlier the deciding factor must have been reporting the fellow senior colleague for his failings.

An awful life lesson in staying under the radar until your feet are well and truly under the table..sure he'll be in a new job soon.

battered

4,088 posts

147 months

Friday 28th October 2016
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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.
Got it in one. They can fire you because there are fairies in the garden, and they don't have to give an explanation. I know at first hand, it happened to me when I was injured in a bike accident and then fired when I was still unable to work after 2 months. They were scared to death that I'd play a disability (discrim) card so they made up some sh*t about a complaint. "By whom, about what?" "We don't have to say". Seriously. And yes, I did get this checked by the same firm of solicitors that were handling the accident claim. It's legal. My injuries lawyer came out of his employment specialist colleague's office shaking his head.

He's being fired for doing the right thing about the drunken guy, but he fell foul of the fact that it was the manager's mate. As others say, that's the real world.

blearyeyedboy

6,288 posts

179 months

Friday 28th October 2016
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Just remember that finding a new job and seeking legal advice to challenge the decision are not mutually exclusive.

In my industry, I would find it hard to defend letting someone go after a whistleblowing episode without proof of trying to engage and offer support with any performance issues that I thought an employee had. IANAL but I have been responsible during similar episodes, and I imagine my job would be the one under threat if I let an employee go under those circumstances, even if they were on probation.

Edited by blearyeyedboy on Friday 28th October 09:27

battered

4,088 posts

147 months

Friday 28th October 2016
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He hasn't whistleblown though. He has reported what he felt to be misconduct to his manager, as per the company procedures. It's then the manager's job to investigate and take action as appropriate. Whistleblowing is when he goes to the papers or rings the police (etc) and brings the company into disrepute without giving them the opportunity to deal with it internally, or after they have failed to deal with it.

davepoth

29,395 posts

199 months

Friday 28th October 2016
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Question to the OP: did the guy who was apparently drunk on duty (and driving while drunk I assume) ever get dealt with in any way?

Jasandjules

69,879 posts

229 months

Friday 28th October 2016
quotequote all
battered said:
He hasn't whistleblown though. He has reported what he felt to be misconduct to his manager, as per the company procedures. It's then the manager's job to investigate and take action as appropriate. Whistleblowing is when he goes to the papers or rings the police (etc) and brings the company into disrepute without giving them the opportunity to deal with it internally, or after they have failed to deal with it.
In the employment law context whistleblowing can be raising an issue with certain members of staff..



Mr.Chips

Original Poster:

855 posts

214 months

Friday 28th October 2016
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davepoth said:
Question to the OP: did the guy who was apparently drunk on duty (and driving while drunk I assume) ever get dealt with in any way?
In a word, no! There was an investigation, which was carried out by his mate, the line manager who has fired my brother. During the appeal, some vague mention of HR involvement was mentioned, but no specifics. Soon after my brother was informed he was to be dismissed, one of the other drivers spoke to the guy who had been under the influence and asked him what he thought, " he got what he deserved," was the reply. Since then there have supposedly been a couple of other occasions where the guy has turned up smelling of alcohol, but nobody is prepared to say anything in light of what happened to my brother.
In light of this, we have decided that we will be contacting the MD of the parent organisation to let him/her know what is happening in part of their empire.
At this stage, we will NOT be resorting to frozen sausages in lawns or cress seeds in the shag pile carpet!

blearyeyedboy

6,288 posts

179 months

Friday 28th October 2016
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^ If someone's regularly turning up to work as a driver under the influence of alcohol, and the organisation isn't willing to act on it, then I might consider involving the police directly to be honest.

Best of luck trying to address things. I imagine your brother won't have trouble finding work in a place with decent work ethics. While several people on here suggest the value of "keeping your head down", I don't think I could see someone driving vehicles while inebriated and look the other way and your brother should be proud of not doing so.

battered

4,088 posts

147 months

Saturday 29th October 2016
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Jasandjules said:
battered said:
He hasn't whistleblown though. He has reported what he felt to be misconduct to his manager, as per the company procedures. It's then the manager's job to investigate and take action as appropriate. Whistleblowing is when he goes to the papers or rings the police (etc) and brings the company into disrepute without giving them the opportunity to deal with it internally, or after they have failed to deal with it.
In the employment law context whistleblowing can be raising an issue with certain members of staff..
I didn't know that, thanks. It makes sense. Thinking about it though, it could only be considered wb if you deviated from normal procedures. If you jumped straight to director level without going through line manager, hr, then I can see that it might be wb. But by adhering to procedures? No. You'd get laughed out of court.

Magic919

14,126 posts

201 months

Saturday 29th October 2016
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Mr.Chips

Original Poster:

855 posts

214 months

Monday 23rd January 2017
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Hi Guys,
As someone who hates posts that lack a conclusion, I thought I would update everyone who was kind enough to comment on my post.
We did appeal further to the MD of the company. The guy himself has actually been the subject of MP's questions regarding previous employees who have been unfairly dismissed. Anyway, despite the fact that he said he would investigate, the outcome was still the same and he upheld the dismissal. The lack of personal integrity shown by the majority of people involved in this matter is very sad. The guy who my brother reported for being under the influence, has not driven any vehicle while being on duty since Christmas, which seems rather odd, seeing that everyone involved in the management chain said that he was not drunk on duty! However, the best news of all is that my brother has just got a new job, doing what he enjoys, driving disabled people and children with complex/special needs.
Thanks to all for your help.

Hainey

4,381 posts

200 months

Monday 23rd January 2017
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A happy ending of sorts. Thank you for the conclusion and the very best to your brother in his new position.

Some Guy

2,110 posts

91 months

Monday 23rd January 2017
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Nice result. smile