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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48176
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I've been called into a probation review (4mnths into a 6mnths

Resolved Question:

I've been called into a probation review (4mnths into a 6mnths probation period) and I think the company will use this to terminate my employment. Is it best to resign first? Do they have to still pay me my month's notice? Anything else I should think of?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How much notice are you expected to give and what are the reasons they may use to terminate your employment?
Customer: 1 months notice during probation period. I assume just general unsatisfactory performance, I.e. Quite subjective. There is no misconduct type issues. My boss and I do not see eye to eye.
Ben Jones : As you do not have at least 2 years service with the employer you will not be protected against unfair dismissal which means they can sack you for more or less any reason and you can't challenge that. As you are not being sacked for gross misconduct you will still be entitled to be paid your notice period so you don't have to worry about that. Instead of being dismissed though you can try and negotiate with the employer for them to let you go and simply terminate you under mutual agreement at least to remove any dismissal from your record. So you can approach this at the meeting and suggest it as an option
Ben Jones : Can I clarify anything else for you?
Customer: Thanks... If I hand in my notice prior to the review meeting, do I then avoid the review meeting and the potential of having a dismissal on my record. Or is it too late to resign?
Ben Jones : Does your contract say you can be dismissed by being paid in lieu of notice?
Ben Jones : If it does then even if you resign they could terminate your employment before the end of your notice period and effectively dismiss you by paying you the equivalent of the notice you have left. If no such clause exits then once you resign the notice period starts to run and if the employer then tried to dismiss you they must give you the same notice period but as you handed yours in first it means it will run out first and therefore the reason for termination would still be resignation
Ben Jones : Does this answer your query?
Customer: It does thanks
Ben Jones :

you are welcome, all the best

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