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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45340
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We spoke the other day regarding my return back to work from

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Hi, We spoke the other day regarding my return back to work from maternity and being held in a trainee manager position for 7 years, although as far as I'm concerned I was promoted from trainee manager to manager 6 years ago. As discussed, I strongly feel they have put me in this position so I am limited as to what I can do and feel they are trying to push me out. My husband use to work for the same company but is now running his own business (competitor) so I feel there is an element of worry regarding data protection. I am planning to leave and since our last conversation I have obtained the letters my company have on file for me. They have only given me the letters stating that I am promoted to Trainee manager. This letter is dated April 2009 and mentions that I will have a 3 month trial period and during the trial period my performance and suitability for this position will be monitored and they may at their discretion extend this trial period. I also have a similar letter that reads; There is no set time scale for this and it is down to you how quickly you can apply your knowledge and skills to becoming a manager, however you are on an intial trial period of 3 months as a trainee manager and during this period you will be evaluated and should our conduct or performance fall below the required standard , you may be asked to step down and return to your original position. In due course you will receive your personal deleopment plan and key objectives along with the managers Code of Conduct.They are claiming they have no letters or record on file about promoting me to a manager but at the same time they have never given me any type of communication to say my trial period had been extended.Could you please adivse me on the best way to tackle this and if the above information stated in the letter would help in anyway or if you feel they have covered themselves in this case?Your help on this matter is much appreciated.ThanksSharon
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 7 months ago.

Hi there. Do you recall enquiring about this at any time after the trial period was due to end; either verbally or in writing?

Customer: replied 7 months ago.
I recall having a meeting with the manager to confirm that I am now a manager but I'm not sure about the letter as it was such a long time ago so I no longer have a copy.
Expert:  Ben Jones replied 7 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 7 months ago.

Many thanks for your patience. The relevant case in these circumstances is that of Przybylska v Modus Telecom Limited. It does relate to notice period due after probation, but the same principles can apply to your situation.

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. You can us this in your support to argue that if the probation was not expressly extended by the employer, it would be assumed that it was completed successfully and the terms after completion would apply.

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

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45340
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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