Dear Jobs Guru: ‘I’m not becoming in at my new place. Could I fail my probation?’

Question: I recently joined a start-up company and I’m about a month away from the end of my three-month probation period.

However, I haven’t gelled with my colleagues and when I’ve asked for help with various things I’ve been ignored or told I should know it already. My boss called me in for a meeting a few days ago and said the way things are going I’m unlikely to pass probation.

I don’t think I’ve been given the chance to prove myself. What are my rights here?

Danny, London

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Answer: I have to say Danny, if you haven’t gelled with your colleagues, do you really want to continue working there?

If you’re not getting on with your colleagues, it’s hardly going to make your working life very happy. Shouldn’t you perhaps be looking for another job anyway?

Yes, your employer can normally extend your probationary period if they wish – as long as your contract says they can do this. This is usually something initiated by the employer but, in your case, it’s clearly something you are keen to initiate yourself.

In such a situation, it doesn’t really matter too much what your contract says; you can, if they accept, sign a separate agreement to extend your probationary period with them for a further three months.

How can you convince them to do this? You need to explain that you can, of course, see things from their point of view but you do feel that they must take into consideration that you haven’t been supported in the manner in which you feel you should have been.

Ask them politely but firmly for a second chance to make things work out – and perhaps highlight that it should be easier and cheaper for them to achieve a solution with you than to have to replace you.

Top Tip:

If you think your probationary period isn’t working out then speak to your boss and find out precisely where they feel you need to improve – and then make sure you up your game!

Spotlight On:Probationary periods

It is very common for employees to start a new job with a ‘probationary period’, generally between three and six months, with the condition that you can be dismissed without notice if your employers are not happy with you or feel that you are ultimately not right for the job.

In the UK, there are no specific laws on probationary periods. Once you have started a new job, your full contractual rights start from your very first day of work – unless your contract says otherwise.

Your contract could, therefore, contain terms which only apply during the so-called probationary period and which are typically less favourable than those which apply when that period is over. However, these terms absolutely must not take away your statutory rights.

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