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3Month Probationary Period

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FrillyPancake | 09:48 Sat 30th Nov 2013 | Law
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I am currently just passed my 3mth probation period at wk, and am having real problems with my manager. He has taken a real pick on me ever since i started there, picking out all the minor mistakes (they aren't even mistakes as such) just not quite how he would do things, i have a vast knowledge of the industry in which i work, but the constant belittling and picking and heckling is beginning to really get me down. I have been pulled in by my manager and hr recently to go over areas he feels i am under achieving in, all of which were during my 'training period' and all of which weren't properly conveyed to me, the training was all looking over his shoulder while he did each task-far from proper training. The procedures where i work are null and void i've never worked anywhere where there is such a lack of management and support and guidance, everyone who i have spoken to about the company have basically agreed that i should never have gone to work there (hindsight is a great thing sometimes). Anyway i filled the position of someone who was moving departments, she is now on a three month probationary period. She has been offered a rubbish salary to move, and is subsequently unhappy with the situation. She is now saying things like if she decides not to take the position after her three months are up she has got every right to fall back into my role, and this would then mean i am asked to leave (which i think my manager is trying to achieve). By law can this person gain their old position back if they are so dissatisfied with the low salary offer, and as my manager really likes them (and not me) can they find ways to do this so it looks like she has just declined the offer and subsequently falls back into doing my role (which there is only room for one person to do my job). Hope this makes sense, i am so desperately unhappy there it's indescribably bad, i have had to go to the doc and get beta blockers and have been suffering anxiety attacks just going in every morning. Such a horrible position to be in, i feel so vulnerable. It's so obvious he is checking everything i do and with this i get nervous and possibly make more 'mistakes' than i should-i am theoretically still learning (or trying to) learn the ropes and i am being suffocated by criticism daily...?
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If you really are as unhappy and the job is bad as you say then you are better off out of it.
To cut a long story short you can be dismissed for any reason within a year (or is it longer now?) other than on grounds of things like race, sex, membership of a union.
If you are so unhappy there and they seem unhappy with you, the best move would be to find another job, preferably before they dismiss you. It sounds harsh but I can't see a better way out of it
leave, simples, sounds like a right shower.
Question Author
Ive applied for around 50 jobs had four interviews nothing coming of any of the others. The industry is very buoyant but i am being told there are 15-20 folk going to interviews it seems competition is just too high. Just bought our dream home recently. Am extremely worried.
I'm not an expert but i'm pretty sure the other person cannot fall back into the role if they don't like the new role especially as their previous role has already been filled. I would go to HR without telling your Manager, which you are entitled to do, and voice your concerns. If anything you'll feel better for telling someone
I don't think there is anything in employment law to stop the employer allowing someone to move back to their original role and then ousting the new starter. They may feel there is more to gain by doing this.

I agree it's worth discussing the concerns with HR but they may just say ' the door is always open for you to leave if you don't feel this is the job for you'. On the other hand they may put in a development plan or try to find an alternative role. It's worth a try.
If they do dismiss you they would have to give the contractual paid notice.
You can be dismissed without reason at any time. (If you have been employed for 2 years or more you may be able to claim unfair dismissal if you are dismissed.)

However, if you are being discriminated against you can make a claim against your employer at any time during your employment provide the discrimination is in relation to one of the protected "characteristics". These include but are not restricted to age, sex, sexuality and race. The Citizen Advice Bureau give an outline of discrimination here:
http://www.adviceguide.org.uk/england/discrimination_e.htm

If you are suffering illness as a result of the stress that you are under you may be able to make a claim against your employer. For a summary of the law see:
http://www.lexisnexis.com/uk/lexispsl/personalinjury/document/393870/55KG-FP91-F18H-K2JH-00000-00/Psychiatric%20and%20occupational%20stress%20claims%E2%80%94overview
You would need to consult a solicitor if you were minded to take such an action.

On a practical note I would advise that you inform your employer of what is happening either through your union (if you have one) or to your manager's superior. I understand that this can be a difficult thing to do but if you do nothing then nothing will change.
Question Author
Thank you everyone. Will digest your advice and revert accordingly.

Really appreciate your help

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