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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My probationary period ended but then a few days later my boss

Customer Question

My probationary period ended but then a few days later my boss said she was extending it
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is Ben and it is my pleasure to assist you with your question today.

-Could you explain your situation a little more?
Customer: replied 3 years ago.

Hi there,


My probationary period ended after 6 months on 31 May. I was not informed before this date that there was a chance that it would be extended.I was told when the date had passed that it would be extended.


Thanks,


Gwen

Customer: replied 3 years ago.

Please can you reply to my question?

Customer: replied 3 years ago.

Following my email below. My question is can I dispute the extension and the fact that it was extended after the date had passed?

Expert:  Ben Jones replied 3 years ago.
Apologies for the slight delay, I experienced some temporary connection issues earlier. What does your contract say about extending your probationary period and also was it confirmed that you had successfully passed it?
Customer: replied 3 years ago.

Hi there,


My contract states this:


You will be employed on a full time, permanent basis until the
employment is terminated by either party giving notice to the other party as specified in Clause 5,
subject to an initial six month probationary period.


 


No it was not confirmed before the date but my boss did not let me know i would not pass it either,..

Customer: replied 3 years ago.

For Ben Jones


Hi there,



My contract states this:



You will be employed on a full time, permanent basis until the
employment is terminated by either party giving notice to the other party as specified in Clause 5,
subject to an initial six month probationary period.



 



No it was not confirmed before the date but my boss did not let me know i would not pass it at any time before the probation was up


Expert:  Ben Jones replied 3 years ago.
First of all i need to mention that a probationary period has no real standing in law and it is mainly used as a review tool by an employer. Being on probation or being permanent will not change your legal rights really as these will not depend on this, rather on how long you have been employed in your job.

So even if your probationary period has been extended, your rights will remain largely the same. The main issue here is your length of service and how it relates to any potential dismissal. Until you have reached 2 years' continuous service with your employer you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, 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.).

Therefore, it does not matter whether you are still on probation are your probation has been successfully passed - either way you will not be protected against being unfairly dismissed and your employment can be terminated quite easily.

The other issue is what contractual rights and benefits you are missing out on if you are not confirmed in permanent employment. For example, if you were going to be entitled to some additional benefits if you successfully passed your probation, then you would have a potential claim to argue that the employer has acted in breach of contract because they do not have the contractual right to extend your probationary period. However, it will not stop them from dismissing you for any other reason (subject to the few exceptions above).

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you

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