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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47635
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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, I have started a new job where in my contract it says I

Customer Question

Hi, I have started a new job where in my contract it says I have a 3 month probation period. I have had no reviews or official notice of probation extension. My contract start date is 27/10/2014, although I didn't officially start until 20th November. There are rumours that they are thinking of ending probation so I'm just wondering if I have any rights. thanks
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. Does your contract entitle you to any better terms after probation?

JACUSTOMER-tgzfnad8- :

No, it doesnt mention anything about that

JACUSTOMER-tgzfnad8- :

it says, "your start date and the date from which continuos employment commences are specified in Part A. (27/10/14). No previous employment shall count as continuous. The first 3 months of employment shall be a probation period during such time your performance and suitability for permanent employment will be assessed. If you do not successfully complete your probation period or if you are deemed unsatisfactory during the probation period your employment will be terminated on 1 weeks notice

JACUSTOMER-tgzfnad8- :


JACUSTOMER-tgzfnad8- :


JACUSTOMER-tgzfnad8- :

r u still there?

Ben Jones :

Hi sorry my connection dropped. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.

However as you were not due to receive any better terms after completion of probation there is nothing you can argue that you should have been entitled to anything extra, like a linger notice period, more pay, etc. So this is not an issue really and your rights are still as explained above.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Ben Jones :

Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks

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