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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48515
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have an employee who is still in his probation period who

Customer Question

I have an employee who is still in his probation period who is due to go on paternity leave (unpaid) shortly. The end of his probation period may fall whilst he is on paternity leave. There are issues with his performance. Should I extend his probation period or does the period he is off on paternity leave not count, ie probation period is suspended for this period?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

The first thing you need to consider is whether you are allowed to extend the probation under contract. If you cannot do this then you will have to let it expire as per the original dates. If you have the right to do this then there is nothing preventing you from extending it even if they were off on paternity leave.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.