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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46158
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I need advise on a relatively complex matter: I have been

Resolved Question:

I need advise on a relatively complex matter:
I have been working for some time as a specialist consultant in field A and have recently taken a permanent role in an adjacent subject (B) that I need in order to complete the horizontal integration of my skills. Part of my role includes expertise from A but focuses on tasks related to B. I accepted the role for considerably less than I usually charge with the prospect of gaining experience and of receiving training in B. My probation is almost over (flying colors in mid-term review) and in a few days the final review should be due. In the meantime, a new department manager has thought of a restructuring and proposed a (new) role in field A, in the same level as the one I accepted in B (i.e. lower than my seniority in A). How can I avoid that?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Are you an employee rather than self employed?
Customer:

Hi Ben. Yes, I had to accept a permanent role in order to agree with the company, so I am typically an employee.

Ben Jones :

Thank you, ***** ***** please let me know when you became an employee and if you had employment beforehand either as an employee or self employed with them?

Customer:

Hello Ben,

Customer:

Here are the details

Customer:

3 months ago I accepted a role offered by them

Customer:

and today my probationary period ends, very successful thus far with an exceptional mid-period review

Customer:

however, there has been no confirmation of successful completion, nor of need to extend the probation

Customer:

so, my key question is:

Customer:

is the probation period considered to be successfully complete or not?

Ben Jones :

Does the contract state the probationary period can be extended or that it needs to be confirmed as having been successfully completed?

Customer:

It does say that it can be extended but there is term regarding a successful completion confirmation.

Customer:

sorry: there is NO term

Customer:

the exact phrasing is as follows:
The first three months of your employment shall be a probationary period (the “Probationary Period”). Your employment may be terminated during the Probationary Period at any time by either party giving the other 1 weeks prior notice in writing to expire at any time up to 1 week after the end of the Probationary Period. The Company may at its discretion, extend the Probationary Period for up to a further three months. During the Probationary Period your performance and suitability for continued employment will be monitored.

Ben Jones :

Would your notice period have been extended after completion of the probationary period

Customer:

Ben, my last day of probation is today. There has been no extension request. The only feedback I have from the HR thus far is my mid-period review, which I reminded them and which was exceptional

Customer:

so my question is: Is the prob period assumed to be over according to the uk employment law? If so, is this binding in the sense that I am to be occupied on the role I was offered and successfully assessed for?

Ben Jones :

Your contract allows for extension of your probation although one would expect that to be implemented before the expiration of the initial probationary period. So if no extension has been confirmed before the initial 3 month probation expires it would be assumed that you have successfully passed it.

However, that does not give you many rights in terms of keeping the job. Until you have 2 years' continuous service as an employee you are not protected against unfair dismissal. It means the employer can terminate your employment for more or less any reason and without following a fair procedure, as long as they give you the contractual notice period you are entitled to. So let's say that after successful completion of probation you are entitled to a month's notice - the employer can still dismiss you from the job if they give you that month's notice and not keep you in that role. So the successful probation does not really change your rights - that is more of an internal performance monitoring tool, it does not give you legal rights to a job as you may hope

Customer:

Thanks, ***** ***** more or less satisfactory. As a matter of fact, the notice due to the role being rather senior is a lot longer than one month, hence it is important for me to know.

From a legal perspective, what can I do in order to put pressure on them?
I am not in need of the job or the money but I want to have the role done for my cv.

Customer:

[of course reaching a reasonable conclusion with the manager is my first option, but it won't harm if know I can put some pressure in one way or another]

Ben Jones :

legally there is little that you can do pressure them to keep you in the job. As mentioned they are perfectly entitled to remove you if they wanted to so you cannot prevent that if it was they are intending. But you may know of other factors that can work in your favour but these would be tailored to the specific employer, how they operate the business, what they need in that role, etc - these are all personal factors so I cannot advise on which would be the best one

Customer:

ok, understood, one last bit:
if the role is retained in the company structure (so no redundancy),
do I have any arguments since I have been very favorably reviewed for that during the probation?

Ben Jones :

Again, you do not have any rights to remain in the role if the employer does not want you there, even if it is not made redundant

Customer:

sorry, I don't get this, if the two years milestone has not been reached, there is no clause regarding unfair dismissal?

Ben Jones :

if you do not have 2 years service you have no protection against unfair dismissal so you can be removed from the job at any timer before that period is reached

Customer:

Ok, that 'll be all. Thanks.

Ben Jones :

you are welcome, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46158
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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