Is a 6 month probationary period normal?

Question

I just read my contract and I think 6 months without any holiday is a bit harsh. I get a pay rise after 3 months of £250. I've just been diagnosed with osteoarthritis and I'm only 21 - now I feel that if I tell my boss he'll sack me because he only has to give 1 weeks notice.

I got loads of hospital appointments booked too (mri scans, operations etc) and now I have to cancel them because I cant afford to take unpaid leave (plus i dont think im allowed to)

Does anyone know if any of this is legal? because it all sounds too harsh to me. I get paid £7k less then everyone else even though I'm more qualified so I deffo think 6 months without holiday is a bit harsh.

I'm based in the UK

Answer 1

6 months probationary period sounds about normal, however I've never had one where you cant take holidays during it. Normally you are allowed to take a proportion of a years holidays. So if you get 24 days a year, and have done 3 months probation you might only be allowed to take 3 months worth - 6 days - rather than say 10 days until you complete your probation.

I'm not sure about sick pay, they might just have to pay you statutory sick pay. I don't think you can sack someone for being ill, though I don't know that for sure.

Answer 2

A probationary period does not mean that you cannot have any holiday within that period unless the contract specifically states so. Holidays are normally accrued monthly and it is not in any normal employers interest to allow an employee to take all their annual holiday entitlement in the following six months. (which you would be doing if your contract states so).

I think you may be a little confused as to what you have agreed to and you will need to ask someone in the HR department to clarify it for you.

Sounds weird to me that they are giving you a pay rise after three months but still running the probationary period for six months.

But,

You have signed the contract therefore accepted it's terms and conditions any queries should have been discussed before signing.

Answer 3

3 Months is average for a probationary period.

My company was thinking about switching from 3 to 6 months.  But a lot of existing staff are opposed to the idea, so they are going back to another think.

In your probationary period you ARE allowed holiday.  And it's up to the Management if you are allowed to take any unpaid leave - I was in hospital for months recovering a long lasting illness, and the company my Dad works for allowed him to take 5 or 6 weeks off to visit me every day, and they still paid him.

Answer 4

No, 6 mos. is NOT too long ! Sounds like you might need to look for something else, that will fit your needs better.

Answer 5

I've never heard of any UK employer saying that you can't take annual leave during your probation, especially if it's six months long.  Why would they ... this just means that you've got to take four or five weeks of leave crammed into your next six months rather than spreading it out during the year, and this must make it harder for them to cover.

That's not really the issue though, because you should not be needing to take annual leave to attend hospital appointments.  This should be counted as sick leave, although you do not necessarily need by law to be paid more than SSP.  You are entitled paid sick leave by law from your very first day of employment.

If you do not wish to disclose to your employer that you have osteoarthritis then you shouldn't need to do so - that's why, if you've ever been signed off sick from work, you'll know that the note that the doctor gives you does not specify why you're off.  I don't know if the letter that you get from a hospital does give the reason for your appointment, but if it does, I think you should see your GP and explain the situation and ask for a generic doctor's note to cover all of your appointments.

The reason why you need to cover yourself this way is that during a probation period, it is not unheard of for employers to try to terminate people for excessive absences even if they are covered by a doctor's note.  This way should anything happen, you've got some comeback.