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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good morning I've start my new job 6 month ago , with the

Customer Question

Good morning
I've start my new job 6 month ago , with the probation period of 6 months.
On my last day of probation owner of the restaurant I'm working for send me email saying that he's extending my probation for 1 more month .
Can he do this if there is nothing mention in my contract about possibility of extending probation period ?
I got the feeling that he will want to get rid of me but as we don't have enough people in the kitchen he is just trying to buy some time .
Can I give him my 3 month notice as per contract which in my eyes went live yesterday (last day of my probation )
Please advise
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. So if you were still on probation what notice period were you due to give?
Customer: replied 1 year ago.
On probation it was 1 month notice
Customer: replied 1 year ago.
This is part of the contract
Expert:  Ben Jones replied 1 year ago.
If the contract does not says that the probation can be extended, the employer cannot extend it without your consent, otherwise they would be acting in breach of contract. So it means that the extension would not be valid and the probation would be complete, meaning that any terms that apply after completion of probation would be effective. In your case, it would mean that the notice period on termination is increased from 1 month to 3 months. If you wanted to leave now, then you could hand in your notice and you would be expected to give them 3 months’ notice. If the employer disagrees and for example refuses to pay for more than a month, then you can treat this as a wrongful dismissal and you can make a claim in the employment tribunal to pursue them for the remainder of your notice period. This is your basic legal position. I have more detailed advice for you in terms of the steps you should follow if you have to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. If it ends up with the employer refusing to honour the 3 month notice period, then in order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as wrongful dismissal and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.
If the employer does not return the money as requested, the following options are available:
1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals
2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.
Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.

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