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Holiday pay & probationary period

Discussion in 'Pay and conditions' started by Samco, Jul 28, 2011.

  1. Hi, really hope someone could help me here as i'mhaving a bit of a nightmare regarding pay at the moment. Long story short....
    -On 1st FE lecturing job, probationary period 10 months
    -Have been very unwell for the last 4 of those months
    -Was signed off by doctor for a long period of that time
    -management have said i've failed my probation (even though I was ill) and are looking to get rid of me
    -Have heard from union rep & the college principal, whole thing appears to be a farce, their is a strong possibility of extending probation period, awaiting meeting
    -Plus the whole experience of working there has been a complete nightmare regarding lack of support for NQT etc.
    ...Now I was signed off by doctor for a period of time towards the end of school year and technically my sick leave endedon the last teaching day i.e. 12th july, now by my count I should still get my full holiday pay because I haven't been sacked or suspended as a result
    however my payslip came through (I get paid on friday 29th) and i've only been paid a pitiful amount and certainly no holiday pay! ....really unsure about what my next move should be, there is no information regarding this on the college procedures on the website, I'm a NQT and feel very out of my depth here
    Any info would be so welcome, thanks
     
  2. Does this mean that your probationary period was due to finish now? Have you spoken to HR at the college to find out? If the head of your area has put through that you have failed your probationary period would this mean that they have told HR not to make the contract permanent which would account for your lack of pay? i.e. you are no longer employed there? Have you been given a permanent contract to sign?

    Why have you failed your probation? I'd be suprised to hear that the management said they were 'trying to get rid of you'. However, you need to find out what they are saying you have failed on as it were. I'm sure the paperwork will not say that it was due to illness as they aren't allowed to do that i'm sure.

    You need to check your original contract. If it was only for 10 months then it may not cover the summer. It would seem a little mean that your probationary period did not include any holiday allowance. When you filled in your holiday card when was your holiday time allocated for?
     
  3. They may not fail the oprobation for this, but they won't pass you either! Many in my experience will extend if absence has been a concern... which is what it sounds like... It maybe worth using the Bradford calculator to see what your absence score is - this is the crude tool many in HR use...
    Sadly in current climate many establishments seem to be doing this to avoid paying out summer pay... and its often NQTs that fall victim...
     
  4. It's really hard to advise without seeing your contract. What was actually said at the meeting? Have you been axed already and are now looking to get the decision overturned? When was the meeting that you refer to? I'm wondering if they started the motion to move you on then and have effectively already fired you which would account for the pay issues you've had.

    You need to chase this up and get a date arranged. Has this all been put in writing?

    But they can say that you have failed your probationary period and stop the contract quite easily. I'm sure the wording on the document would be more careful than to say that you were fired because you're ill. When your manager spoke to you, on what grounds are they claiming you have failed the probationary period?

    This is what makes me think your employment may have been terminated a while ago. I'm not trying to be overly blunt but I see no other reason for them not paying you. What were the T&C of your contract with regard to sick pay? Could some of your absence have been taken as unpaid leave? Did anyone speak to you about this?

    By all means but make sure you have written evidence to back up what you say.

    Good luck with all of this, I do think the best thing to do is to get in touch with the HR department. They will be able to tell you quite simply why you have not been paid the amount you were expecting. Have you contacted them at all?
     

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