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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50751
Experience:  Qualified Employment Solicitor
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I've been working in a creche for the past 5 months, only

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Hello I've been working in a creche for the past 5 months , only yesterday the owner realized that I still didn't have a contract signed as there was a layover between the past manager and the owner .
In the contract it states "your position is part time subject to a probationary period of three months . This period may be extended at the discretion of the manager but will not exceed 6 months . During your probation your performance will be monitored and you will be met on a regular basis to advise you accordingly "
So yesterday the owner and one of the managers held a meeting with me to say that they think I could be doing better and that I'm not doing as much as I should be . And that my probation period is set to finish on the 15th of September . They have never previously spoke to me about the probation period or that I could possibly have to leave if they aren't happy with my performance .
During my time working there I have continuously been moved around to different age groups and was never given time to settle with any group .
I believe that they are not getting enough children in at this stage that they might not need me anymore and that they might have to let me go but instead of telling me that , they will just use the excuse of me not filling in the job properly .
What should I do ?
Customer: replied 10 months ago.
I have also included photos of my contract in full as I'm not sure if it's all legally correct ,and I would love for you to review it , thank you .

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Reviewing the contract would be charged extra but I can deal with any specific questions you may have now?

Customer: replied 10 months ago.
Could the owner of the creche get into trouble for having me work without a contract for this long , or would it be my fault for agreeing to it ?

Thank you. As far as the law is concerned, an employer is obliged to issue its employees with a written statement of employment particulars within 2 months of them starting work. This is not a contract but it contains many of the contents one would expect to see in a contract, such as place of work, job title and duties, pay, etc. If the employer has not issued this within these initial 2 months then they will be breaking the law, whether you mentioned something or not - it is their responsibility to ensure this happens, not for you to remind them. If you wanted to take this further then you can actually even make a claim in the employment tribunal for it and if I remember correctly you can get compensation of between 2 and 4 weeks’ pay for their breach. Whether you want to go as far as making a claim so early on in your employment is up to you, because as you can imagine it can potentially sour your relationship. Also, in the first 2 years of employment you have no unfair dismissal protection so they could try and find some unrelated reason to say you are no longer required or that you have done something wrong and dismiss you in retaliation. So there are potential risks, which you should consider first. But if you wanted to highlight their breach directly to them you can and can remind them that this statement should have been issued within 2 months of your start.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 10 months ago.
I'm not covered by unfair dismissal if after the end of probation I feel that I was achieving all goals but they still want to get rid of me because they don't need that many staff anymore.
Customer: replied 10 months ago.
how will termination of probation effect me when looking for a new job ?

That is correct - they can dismiss you even if you were their best employee and can show that you did everything correctly or excelled at your job. How termination may look will vary from one employer to another. I would say the reasons in this case are not serious to affect you future prospects. They clearly did not want you because there was no need for as many staff. This is not your fault - it is nothing to do with your performance or ability. Had you been dismissed for things like misconduct then that would be worse but just because you were surplus to requirements because of too many staff should not really affect you in the future. Hope this clarifies?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks

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