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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50475
Experience:  Qualified Employment Solicitor
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My daughter in-law was hired as an accountant and admin manager

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My daughter in-law was hired as an accountant and admin manager (in a care home) and completed her 3 month probation learning and execution all tasks as set out in her hiring document but her manager then made another employee redundant and added those new responsibilities to the probation and refused to acknowledge that she has completed her initial probation. This has gone on for 7 months now each month the interview with the manager results in new tasks to learn before she will sign off for the completion of her probation. She is now completely overwhelmed with work and suffering loss of sleep and is often in tears.
An added issue is that she has recently told her employer that she is undergoing IVF.
Is there anything she can do short of quitting.
Martyn Vernon
Hello has she formally complained to the employer?
Customer: replied 2 years ago.
Not formally complained yet but planning to subject to advice
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 2 years ago.
If you need my home phone number it is 01953 886869
Hello, sorry I was offline by the time you had replied and have only just returned. Would she be entitled to improved terms if she passed her probation period, such as higher pay, longer notice period, other benefits? Also do you think she is being treated detrimentally because she is undergoing IVF?
Customer: replied 2 years ago.
She was verbally promised a pay rise (not in the contract) so only contractual improvement would be that instead of one week notice will go to one month when she completed her probation. But she wants some certainty of employment.They do keep asking about the IVF but so far she does not think she is being treated detrimentally but the stress caused by the endless increase in duties has her caused problems.
Thank you. The main issue here is that if she has been continuously employed at her place of work for less than 2 years then her employment rights will unfortunately be somewhat limited. Most importantly, she will not be protected against unfair dismissal or constructive dismissal. This means that her employer can dismiss her or force her to leave for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because she was trying to assert any of her statutory rights (e.g. requesting maternity leave, etc.). It does not appear that there is any discrimination at play here however. Her only rights legally would be to enforce any terms which would have applied following completion of probation. Unless the contract said that probation could be extended, the employer cannot enforce that so once the initial period had been completed she should have moved over to the terms which apply after completion. She I free to raise a grievance as well, to formally complain to the employer about the issue but that does not guarantee satisfactory resolution and technically it would not prevent the employer from dismissing her as a result, so she should consider how far they ma be willing to go in the circumstances. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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Customer: replied 2 years ago.
Many thanks
You are welcome, all the best