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Nicola-mod
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Hi. I am a probationary employee who after six months had his

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Hi. I am a probationary employee who after six months had his probationary period extended to from six to nine months. This was notified to me a couple of weeks after my six months had expired. I was subsequently advised that it was extended by yet another month. Then I got an email today advising that there will be a probationary review giving me less than 48 hours notice. In the 9+ months I have worked there I have not had any review of my performance,

Please could you advise where I stand.

Thanks.
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Do you believe there is more to this than a performance review? If so, what?

JACUSTOMER-lair1aro- :

I believe it is more as they have referred to a "hearing" to discuss areas of concern with my "current performance in my role. The letter also states that the "meeting serves as an opportunity for me to provide reason and response to the concerns detailed above" . However no details are given....

Max Lowry :

Okay, but do you believe this is because they don't like you for some reason, or do you think they're trying to genuinely raise a performance issue?

JACUSTOMER-lair1aro- :

I work in property management and the company I work for is a property management company. They are being performance reviewed by the client a major property developer and feel exposed. Potentially a loss of a lot of business. However, the residents committee do not like me as I am not a yes man. Our client is the property developer and only yesterday I was praised by the client in a meeting for a well run development.

Max Lowry :

I understand. Okay. Typically, there is nothing you can do about an employer taking action to discipline you and/or even dismiss you due to performance issues until you have been there two years.

Max Lowry :

As you will only have been there for nine months also, but certainly for less than 24 months, you will not have any rights against the employer in this respect.

JACUSTOMER-lair1aro- :

OK, but I understand that an employer should carry out review during the probationary period i.e 1/2 way through and then again at the end....

Max Lowry :

The only obligation for them do this would be a matter of contract law, and it would have to be set out in the contract between you saying this.

Max Lowry :

There is no universal law that applies that requires this.

Max Lowry :

And to be honest, even if they didn't do what the contract said, they would still just be entitled to give you notice anyway and you'd have no claim.

JACUSTOMER-lair1aro- :

That differs from what other advice I have been given on the internet. Are they not obliged to give feed back on the reasons for the extension.

Max Lowry :

It may differ from what you've read, but I believe it's correct. If you want to show me the page you're referring to, I'll gladly comment on it for you in light of what I've said.

Max Lowry :

No, they're not obliged to give feedback unless they have agreed to do that in the employment contact.

JACUSTOMER-lair1aro- :

I don't seem to be able to find it to copy and paste. OK What about they have said for the reasons given above but no reasons given...

Max Lowry :

They dont have to give any reasons, or honest reasons, because you have no protection from dismissal until you've been there for 2 years.

Max Lowry :

Even if they owed you an obligation, you could resign and at best claim your notice pay. But nothing more - as unfair dismissal isn't available to you until 2 years continuous employment.

JACUSTOMER-lair1aro- :

In writing they have said "for the reasons above..." but nothing!

Max Lowry :

Okay - again, to be honest, all you can do is ask for the reasons. You can't compel them to be given by Court or Tribunal and you can't claim compensation for a failure to give them. I know this isn't what you want to hear, but it's important I give you accurate information on legal principles.

Max Lowry :

Why have you rated poor service?

Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola

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