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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47377
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi there I need your advice. I started working on 28thbof

Resolved Question:

Hi there
I need your advice. I started working on 28thbof March, my probation period is 6 month. I thought I would have a meeting regarding my probation on 28th of September. This is when my probation would be up. Am I right?
I was given a letter notifying me about tomorrow's meeting at 3:30pm today. Is it a notifying period should be in place?
I will have a meeting tomorrow to discuss if I will be permanently employed or my contract will be terminated.
I have a bad feeling, because I heard my manager talking to a recruiter on the phone and talking to a new candidate regarding her starting to work for the company on Wednesday 22nd October.
I would like to know what is my rights please
Thank you
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did your contract say that your successful probation has to be confirmed?

Customer: Yes. I need to know what should happen if my probation meeting not been done in time. What is my rights? I started on 28th of March, so my meeting re probation should be done 28th September. Am I right?
Ben Jones :

ok but what does your contract say about your probation - does the employer need to confirm you have successfully passed it?

Customer: In my contract the probationary period -6 month
Customer: What I need to know - if my employment will be terminated will I have to work 1 week notice or 1 month, because my employer didn't do the meeting in time?
Ben Jones :

So your notice period after the probationary period is 1 month?

Customer: Yes
Ben Jones :

You will not be able to challenge the dismissal itself because you are not protected against unfair dismissal until you have at least 2 years’ service with the employer. So they can dismiss you for more or less any reason, whether you have passed your probationary period or not.

Your only rights will be in relation to the notice period you are due. If the probationary period was stated as a fixed period, such as 6 months, and there was no mention of the employer having to confirm your successful completion first, then it is assumed that the probation is passed after those 6 months. It means that even though the employer is inly holding a meeting now, the probation has already finished once the initial 6 months were up, so you would now be entitled to the longer notice period.

Customer: Thank you for this.
Customer: Another question, how long do they need to give me notice time before the meeting, because I received a letter today notifying me about the meeting tomorrow?
Ben Jones :

There is no minimum legal time limit, they can ask you to come to a meeting on the spot if they wanted to

Customer: Ok. Thank you very much for the clarification.
Ben Jones :

you are welcome, all the best

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