Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What would have the successful completion of probation entitled you to?
So what is the exact wording of the clause on completion of probation please?
Ok thanks. There is indeed nothing much in primary legislation about probationary periods but there is some case law. The relevant case in these circumstances is that of Przybylska v Modus Telecom Limited.
There, the employee Miss Przybylska, was employed on a 3 month probationary period, which could have been extended by the employer. During the probation her employment could be terminated with a week’s notice, with a longer period applying once the probation was completed. She was on holiday when her probationary period expired and the employer had not yet taken steps to extend her probationary period. A couple of weeks later she was dismissed with just a week’s notice, as required during her probationary period.
She complained of breach of contract and the decision was that she should have been paid 3 months notice, which would have applied after the completion of her probationary period. The Tribunal said that the assessment on whether to confirm the completion of her probation or extend it should have taken place during the probationary period and if it wanted to the employer should have extended the probationary period before it was due to expire. Therefore, if the employer has not taken steps to extend the probation before it expires, it would be assumed that it has been successfully completed and the terms that would apply following successful completion would be the valid ones.
In your case you cannot prevent a termination in the first 2 years of employment but you can argue that you are now at least entitled to the enhanced terms due on successful completion of the probationary period.
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