Employment law - probation period
Discussion
Hi all, I'd really appreciate some advice about the probation period at work:
My contract states that the probation period lasts for 3 months and at the end of this period 'your appointment will be confirmed'. If the 3 months (I'm on 6 months at the moment) has passed without me being given any notice that my appointment will be confirmed or that my probation will be extended, am I still considered to be on probation?
This is significant because various entitlements (sick pay, notice etc) are increased once I have finished probation.
My contract states that the probation period lasts for 3 months and at the end of this period 'your appointment will be confirmed'. If the 3 months (I'm on 6 months at the moment) has passed without me being given any notice that my appointment will be confirmed or that my probation will be extended, am I still considered to be on probation?
This is significant because various entitlements (sick pay, notice etc) are increased once I have finished probation.
Get it in writing that your probationary period has been completed.
I had a similar situation and at tribunal the judge decided that because I hadn't received a notification that my probationary period had been completed successfully that I was still in my probationary period despite a glowing appraisal.
I had a similar situation and at tribunal the judge decided that because I hadn't received a notification that my probationary period had been completed successfully that I was still in my probationary period despite a glowing appraisal.
Thanks for the replies fellas.
Problem is that the company wants to dismiss me after 6 months but giving the lesser amount of notice required whilst on probation.... it sounds from what AGK has said that I might still be considered to be on probation even after the 3 month period has finished.
Problem is that the company wants to dismiss me after 6 months but giving the lesser amount of notice required whilst on probation.... it sounds from what AGK has said that I might still be considered to be on probation even after the 3 month period has finished.
craigjm said:
Doesn't matter if you are or not. Within the first two years of employment they can give you notice at any time and either pay you in lieu of that notice or ask you to work it. Passing probation does not give you any additional protection.
I don't think he is disputing that. What the OP is questioning is regarding entitlements.If they want to get rid of him as he suggests in his second post the only thing that makes a hot of difference is what his contract says about notice period difference after probation. I suspect they will say he hasn't passed and it was extended to six months just to make that notice period as short as possible though.
I'll preface this with I Am Not A Lawyer. Lots on PH are and will no doubt offer advice once they get into the office tomorrow morning. 
It's not an exact science - probation in the employment sense isn't something that's defined, so it'll go on the contract you have with them. Since you've only been there a few months you won't be able to do anything as regards unfair dismissal, so your only recourse would be to the Small Claims or County Court to for a claim on the basis of breach of contract.
I don't know how successful that would be. Without being told that you are no longer on probation, the existing contract (which presumably states that probation can be extended if deemed necessary) will still apply.
It's not an exact science - probation in the employment sense isn't something that's defined, so it'll go on the contract you have with them. Since you've only been there a few months you won't be able to do anything as regards unfair dismissal, so your only recourse would be to the Small Claims or County Court to for a claim on the basis of breach of contract.
I don't know how successful that would be. Without being told that you are no longer on probation, the existing contract (which presumably states that probation can be extended if deemed necessary) will still apply.
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff