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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49773
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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JonesHi there,I started employment on the 1st

Customer Question

For Ben Jones
Hi there,
I started employment on the 1st June and in my contract I have a 6 month probation period, effectively 1st December. Contract states: 'Your employment is subject to an initial probationary period of 6 months during which your performance will be monitored. The probationary period may be extended by the organisation at its discretion. At the end of the probationary period, your performance will be evaluated and the organisation will confirm in writing with you its decision regarding your continued employment'
I had no objectives set, no reviews during the probation period and no 6 month review has happened. I was pulled into a meeting with no prior warning regarding another topic and my employer has raised cross the board complaints and is not willing to give me specific examples in order to respond. At said meeting today, I have been advised that they are extending my probation period although 6 months was on the 1st December and at no point have any concerns being raised in any shape or form. In fact quite the opposite. They are extending for another 3 months. My line manager has left in the time of my post at the start of November and this communication is happening with the next senior manager in line.
Out with this, I originally was informed of 'issues' informally last week but not with reference to a 'review' and again have asked for specifics. They have stated they are not willing to give specifics as this would be to defend or challenge and that is not necessary. They had told me that if i wanted someone present, they would require to make it formal and invoke the disciplinary procedure and that I should be aware of the consequences. I sought union advice and put back an email stating that i was more than happy to discuss informally and always have been but that no substance or content had been provided in relation to the 'implied' complaints from people with regard my communication style. In response to this, I was called immediately into a meeting today and informed re the above with regard to my probation period and that the extension would include training to address my communication. I have explicitly explained that I am more than happy to learn and review but that if complaints have been raised about me since the start of my employment, why am I only being notified after my probation period and in order to truly learn and be the best i can be, I require to know what the actual complaints are. They will not provide examples. It should be noted that I and the department staff are dealing with repeated lies from the senior manager dealing with my probation of which have resulted in a high staff turnover, including 1:1's with each staff member and ultimately the resignation of my previous line manager of which everything was stated in an exit interview with regard to said individual.
My question is:
Where do I stand re this extension given the above and also with reference to complaints but not willing to give any information in any form.
I feel an investigation and specific info is a reasonable ask.
My concern is that this informal catch up today is going to be tried to be made out like a review and it was not a review. They said i will receive a letter stating this probation extension and I requested that they detail exactly what it is I have done wrong as they are not giving me examples.
Where do I stand?
Thank you in advance
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. can you tell me have they indicated that the last senior manager was not doing his job reviewing your performance over your probation period and has a new line manager been appointed.
Customer: replied 2 years ago.
Hi there, thank you for your response. They have indicated that my old line manager was not doing his job for many elements and often incorrectly and inaccurate accounts as I still have a relationship with my ex line manager who verifies. ie blame culture. But yes, specifically they have but he did leave at the start of November and instructed that this senior manager was my line manager ie the one dealing with this. Nothing done at any point with this senior manager and no processes put in place following the previous line manager departure. They have suggested that they can't review any performance and it's not just about that it is specifically due to these consistent complaints (no substance and wholly incorrect generalised statements. The fear factor is being used.)
Expert:  Ben Jones replied 2 years ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 2 years ago.
Thanks for your patience. Your rights will only really extend as far as any benefits you would have been entitled to had your probationary period completed. So for example, a pay increase, an extended notice period, other perks of the job, etc. You will only be able to claim that you should be entitled to these due to the probationary period having been completed. However, you cannot ask for investigations, or any other fairness in terms of the procedure. If you would have received no benefits for passing the probationary period then you cannot really claim any rights and the employer can extend it if they really wanted to. A probationary period is only an internal performance monitor and your legal rights are not affected by it. You will not have protection against unfair dismissal until you have 2 years service anyway so regardless of whether you are on probation or not you could have your employment terminated at any time anyway.
If you had benefits on which you wanted to rely for passing your probationary period then the relevant case in these circumstances is that of Przybylska v Modus Telecom Limited.
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.
However, as mentioned if no such terms existed, you will not have anything to challenge them over and they can extend the probation if they really wanted to, even if it appeared unfair.
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
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.