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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46784
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been working company months. During my

Customer Question

I have been working for a company for 8 months. During my six month probationary period I had no negative feedback on the contrary everything was positive but not put in writing. On the day of my probationary review I was told they could not extend or end my probation as they needed to speak to my line manager. I heard nothing for at least a month after that when I eventually had a follow up meeting with my team leader. Apparently she has concerns I am not gelling with the team. I feel I get on fine with the team and settled in well. I have been told by personnel today that my probation is being extended until the end of May but I've been given no objectives or assistance in how to ensure I succeed are they able to do this? It seems very unfair. I have also been told by colleagues that I have taken over from someone on maternity leave.
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. What are you hoping to achieve?
Customer: replied 1 year ago.
Either keeping my job or getting 3 months notice either pay or working to enable me to get another job. If I am deemed to still be on probation I only have 1 weeks notice.
Customer: replied 1 year ago.
I would like an answer to my question please.
Expert:  Ben Jones replied 1 year ago.
Did your contract state that your probation can be extended? Also if the probation passed successfully, what additional benefits would you be entitled to, such as extra notice period, higher pay, etc?
Customer: replied 1 year ago.
No I have checked my contract and it doesn't say anything about extending the probationary period. I am entitled to three months notice once the probation has ended and one week during it.
Expert:  Ben Jones replied 1 year ago.
There will be good news and bad news. The good news is that your probationary period would have been fixed at 6 months and without any specific contractual clause allowing the employer to extend it, they would not have been able to do so. This means that once the 6 months are up you should have been considered to have successfully passed your probation and be entitled to any enhanced terms which apply after that. In your case it would mean a longer notice period on termination. The bad news is that 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.). 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. So the employer can dismiss you regardless of how good you are or whether they have failed to identified weak areas and given you the chance to improve. None of this is relevant – the dismissal can take place regardless. However, if they do decide to dismiss you can maintain that you are now entitled to 3 months notice rather than a week as there was no contractual right to extend your probationary period. This is your basic legal position. I have more detailed advice for you in terms of the steps you can follow to pursue your notice period should they fail to pay you, 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, there I no extra cost and 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: 46784
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 you are not paid the 3 months’ notice in the event of dismissal you can treat it as wrongful dismissal, which is dismissal in breach of contract. 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:{C}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{C}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: ***** ***** 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.
Customer: replied 1 year ago.
Thank you this advice has helped.
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

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