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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47337
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My 1 year probationary period finished 3 weeks ago. The company

Resolved Question:

My 1 year probationary period finished 3 weeks ago. The company probationary process was not followed. It was a complete suprise to me that my manager sent me a report today saying my work was unsatisfactory and she was going to extend the period by 4 months.
Do I have to accept this? I thought that after the probationary period finished, if no issues had been raised with me I would deem to have performed satisfactorily
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 you can have the probationary period extended?
Customer: Yes it did but at the 10 month probationary review that did not occur
Ben Jones : Would you have been moved on to any different terms if you had passed the probation?
Customer: No, apart from there is an option to dismiss if probation not deemed satisfactory whereas if probation is completed an employee can only be dismissed via disciplinary process. Clearly my concern is my manager intends to dismiss me. I am a professional, the job salary being £50k and of course i would need a reference for future work
Ben Jones : To be honest you can be legally dismissed anyway, regardless of whether you are still on probation or not. That is because until you have at least 2 years' service with an employer you are not protected against unfair dismissal. It means you can be dismissed for more or less any reason, whether it is for disciplinary issues, or because they do not like you or the face does not fit. You simply cannot challenge that decision or the process used if you do not meet the minimum criteria to claim. You will only have protection if the reasons were discriminatory, for example because of your race, gender, age, religion, etc. So if the employer failed to follow the correct probationary process all you can do is argue breach of contract but that will not prevent a dismissal and also you cannot claim unless you have suffered losses as a result, for example you were not moved on to more favourable terms after probation, which is not the case here as your terms would have remained the same. You can complain internally if you wanted ti but legally your rights are rather limited I'm afraid.
Ben Jones : Hope this clarifies your position?
Customer: Yes thankyou
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