Employment rights while on probation

[charl9313]

Hi geeks. Feeling very upset. I started a new job a month ago and it started great. However its been feeling like ive been walking on eggshells with everyone recently and staff becoming distant and the clients not liking my personality but liking the job I do on their hair. In a meeting yesterday my boss said she doesnt think this is the right salon for me, im too loud for the other staff but I need to talk a bit more to clients. That my work is good but she doesnt think the clients have taken to me (posh area, im from acocks green!) As its a franchise I could go to another salon but none of the other salons need a colour technician. Anyway, we're going to give it today and tomorrow and then discuss again. Been a blow to confidence and im concerned that it wont be easy finding another job. I could ask to go back to my old job but it wasnt enough hours and pay and I dont want to mess them about getting another job a few months after going back. My boss isnt going to change her mind. Im looking to work solihull/birmingham/sutton coldfield area. What do you all think? And advice?
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[persianista]

Moderate yourself, and try and fit in?

 

[si_82]

Hun don't change your personality for anyone your obviously a big character and the manager feels threatened it happens in any hair salon. Be yourself work the probation and let fate decide. As long as you do a good job and are professional in the salon its there loss if they decide not to keep you on. Sometimes in life your face doesn't fit work should be fun and your salon doesn't sound like fun! And your boss needs a lesson in management skills cause feedback should always be constructive not de-motivating.

 

[AcidPerm]

From a boss perspective, Persianista is totally spot on.

I guarantee that your boss wasn't feeling threatened at all! In fact, she was being extremely helpful and constructive when she told you your work was ok but you need to quieten down.

If you want to work in an upmarket salon, you need to work diligently and quietly. Clients don't pay good money to have a relaxing experience ruined by noisy staff chit chatting to each other all day long. It's totally the wrong ambiance and guaranteed to send clients running.

If you want to be loud and chatty, you need to find a high street salon that operates this type of vibe. There are plenty of them.

You can choose how to behave when at work. Listen to any criticism and really think about it before dismissing it out of hand. You might learn something to your advantage ultimately!

Best of luck.

 

[NailsXpress]

I had to change slightly at a salon I was employed at. At first I felt hurt but then after a few days I did realise that sometimes I jump in on conversations. Like the other poster said, just be more aware of how loud or chatty you are. You will soon fit in. It will be fine.

 

[charl9313]

Thanks guys. But it did sound like she was pushing me to go before she does it herself. I want to make a try of things but I dont think she does. Surely though you cant be sacked because of those reasons?

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[persianista]

Thanks guys. But it did sound like she was pushing me to go before she does it herself. I want to make a try of things but I dont think she does. Surely though you cant be sacked because of those reasons?

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Yep. In the first two years of employment you can be dismissed without the employer having to even give a reason.

 

[AcidPerm]

You're on a probationary period. You can be dismissed at any time for no particular reason unless its clearly discriminatory (in the purely legal sense, pregnancy, disability etc.).

She's giving you the opportunity to learn from your mistakes. She's also probably worried about her own judgement in appointing you over any other candidate. Prove to her that she made the right choice and you can adapt to this environment. Otherwise, move on.

 

[furiousfrog]

Yep. In the first two years of employment you can be dismissed without the employer having to even give a reason.

Erm, no - sorry.

Whilst you do have waaay fewer rights, being on probation doesn't make you a second class employee. You can't apply for unfair dismissal before 2 years UNLESS they get rid of you for something that's "automatically unfair".

Things like:
pregnancy
family reasons (parental leave, urgent appointments for children, adoption leave etc).
trade union membership or activity
any sort of discrimination: including protection against discrimination on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation
pay and working hours: including the Working Time Regulations, annual leave and the National Minimum Wage
whistle blowing
certain health and safety issues

Quoted from acas - look at their site, know your rights and stand your ground.
http://www.acas.org.uk/

It's important that you make yourself as accommodating as possible and try to fit in with the culture there. If you're still being threatened even though your work is of a good quality and you do everything that's requested but you're just not "posh enough" then it could be discrimination. You can call acas (08457 474747) or look at their site for advice but in this day and age, people should not be biased against because they don't have the right accent. To be aware - this DOESN'T apply if you're talking too much despite being warned against it.

Good luck!

 

[persianista]

The whole point of a probationary period is to see if an employee fits into the culture/ expectations of the employer. Screaming 'rights' is the fastest way to the dole queue. Savvy employers generally know our way around these things.

It kind of boils down to whether or not you want to adapt your behaviour and stay, or find a salon who will appreciate your personality as it is.

 

[furiousfrog]

I certainly wasn't advocating screaming "rights" in the workplace - it's more about being aware of what is moral, fair and legal so that you're not naive or taken advantage of by business owners putting their profits above people's livelihoods. Not about how to get your own way when you should be trying to fit in.

Bit concerned about this though:

Savvy employers generally know our way around these things.

So you're suggesting a savvy employer will be able to circumvent an employee's rights to get rid of someone who's not a doormat? Not entirely sure that's legal...

The reason these "rights" were introduced was to stop employee abuses like forcing unsociable hours, child labour laws, fair wages etc. We can look at places like India and China for examples of what it'd be like if these weren't in place (e.g. factory collapses, people being injured, unsafe work areas).

And it's not just the employees that benefit with new regulations. When you consider that many hairdressers have kids and are on minimum wage then they're entitled to tax credits. This means that Salon owners need to be aware that their profits are directly subsidised by the state and those of us who pay tax.

It'd be a really stupid business owner that wasn't aware of their rights when they employ people. Why should they expect any less from the people they employ?

 

[AcidPerm]

Erm, no - sorry.

Whilst you do have waaay fewer rights, being on probation doesn't make you a second class employee. You can't apply for unfair dismissal before 2 years UNLESS they get rid of you for something that's "automatically unfair".
... you're still being threatened even though your work is of a good quality and you do everything that's requested but you're just not "posh enough" then it could be discrimination

You started off quite well referencing ACAS but there's no such thing in employment law as 'discrimination due to lack of poshness'.

The point ACAS is making is that you CAN be dismissed for no specific reason within the first two years of employment UNLESS, you can successfully argue that the real grounds for dismissal, is one protected by statute law e.g. Pregnancy, Race, Disability etc.

Fairness or someone's perception of fairness, the moral high ground etc. doesn't enter into the equation at all.

Persianista was also pointing out that less scrupulous employers are easily able to flout even the very limited protection Statute provides employees these days.

 

[Pinkbunny28]

Also it used to be a year but they have increased it to 2 in order that employers have as many 'rights' as employees.

It can be said that if an employee doesn't fit the culture then they are not meeting the demands of their job role.

In this situation I would try to fit in the best I can, I wouldn't want to or be able to change fully but if the employer still felt that I was too loud or whatever then I would find somewhere else. Don't change who you are but at the same time you have to remember that it is not your business to do with what you want and the employer does have final say. It can be likened to having tattoos on show - though this might be acceptable and encouraged in some salons, others may find it offensive. x

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[furiousfrog]

You started off quite well referencing ACAS but there's no such thing in employment law as 'discrimination due to lack of poshness'.

You're absolutely right that 'discrimination due to lack of poshness' when expressed like that, doesn't exist. However, the equality act says that people are not to be discriminated against for their age, gender, race, nationality, religion or belief, sexual orientation, physical or mental disability or social background.

There's been a couple of test cases just recently that addressed this, including university and school admissions and jobs being offered to people from better socioeconomic backgrounds, despite not being better qualified - so it is recognised as a form of discrimination. The equality act was passed in 2010 and it's still being defined through the courts so it's not true to say that it doesn't exist.

I have a corporate HR background and although employers seem to think that it's fairly easy to get around employment law, you'd be surprised at how often vast companies who have teams of employment law specialists get taken to the cleaners because they didn't take the employee's right to a fair job, in fair conditions, for a fair wage, into account.


JUST TO ADD:

I am NOT saying she should shout about rights and NOT try to fit it. But if she's going to lose her job because her face doesn't fit despite being good at her job, willing to do whatever's asked and making personality adjustments and this still isn't good enough for her employer, then that's not fair. She'd be better off at a decent company, HOWEVER the salon should learn that people are not objects to be used or abused as they see fit.

 

[furiousfrog]

It can be said that if an employee doesn't fit the culture then they are not meeting the demands of their job role.

Really? And how would they define this? If the employee has made every effort to fit in, then she can't be held accountable for the personal whims of the manager. What if the manager insisted that only blondes fit into their culture - would this be fair, even though it's much easier to achieve?

 

[Glittery]

Most salons these days have a 'vibe' that helps attract their clientele and forms part of their USP. Unfortunately as staff we do need to 'fit in' with this to help the business which is ultimately paying our wages.

Its a personal choice for you whether your are happy to 'fit in' or would prefer to look elsewhere. Your boss has at least given you a heads up and a time frame to adjust, rather than just saying goodbye.

I run a calm and quiet salon on the whole and would need my staff to respect that otherwise my paying customers are going to start looking elsewhere which no one wants.

 

[furiousfrog]

Glittery,

I respect what you're saying and I would have thought that you'd recruit for the type of person that would fit into your salon.

However, saying that the business ultimately pays your wages is only half of the story. The business doesn't employ people as a favour or because they want to give their profits away to starving hairdressers.

They employ people because they will make the salon more money. So if this salon took a chance on this girl because her work is good and she's enthusiastic, then shouldn't they help her to fit in instead of offering such a short term ultimatum?

There's fewer and fewer good hairdressers around and the good ones will go to employers who value them. The employers that don't will end up with the numpties fresh out of college who don't have any other choice.

 

[Sam1206]

Nobody acts the same at work as they do in their own personal life. I currently work as a manager in an office (leaving in two weeks to join a salon as a trainee, big career change!) and I am a totally different person at work. I'm the team manager, I have to watch every single word I say to the staff, and I have to act professional at all times. Anyone who knows me outside of work always says they cant picture me in my current role as I can be just as loud, and silly as anyone. Not at work though. The point to me post is that it is nothing personal, and you should be glad that your manager has been able to talk to you about this. I think you should speak to her, tell her you have had a good think about it and that your willing to make a few changes and be more suitable for the role. I think this will help give her a more optimistic outlook on it also if you have had the guts to confront it, admit it, apologise and show that your willing to put the effort in she will be more than willing to give you that chance!

You don't need to change your personality, at home, you can be whoever you want to be. Just be more aware of how you are perceived at work xx

 

[Glittery]

Of course a salon should take into account the type of person they are looking for during their recruitment process.

I believe the OP is being helped by the salon as stated. They have pointed out the adjustments needed to help her settle. I can't comment on any underlying issues the salon may be harbouring but as far as I can tell they are investing time and money in making the position work.

 

[furiousfrog]

Hi Glittery - and I completely agree with you that the op should try to fit into the salon she's working at. If someone goes in expecting a workplace to fit around them then the salon would be justified in giving them a fairly terminal lesson on how to be a good employee.


It was this that concerned me:

my boss said she doesnt think this is the right salon for me, im too loud for the other staff but I need to talk a bit more to clients. That my work is good but she doesnt think the clients have taken to me (posh area, im from acocks green!) As its a franchise I could go to another salon but none of the other salons need a colour technician. Anyway, we're going to give it today and tomorrow and then discuss again [...] My boss isnt going to change her mind.
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Also, she said that:

But it did sound like she was pushing me to go before she does it herself. I want to make a try of things but I dont think she does. Surely though you cant be sacked because of those reasons?

I don't want to assume anything, so taking the OP at her word, it sounds like she's not been given any opportunity to change or to fit in better. If her boss has said that she doesn't think it's the right salon for the employee, then it doesn't sound like she's being given a fair chance to change. I couldn't see any suggestion that she doesn't want to change or that she doesn't think she should.

To reiterate: I totally believe that employees should try to fit into their workplace, but this can take time and it doesn't look like she's been given any chance to do this, which isn't fair.