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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50518
Experience:  Qualified Employment Solicitor
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We are a small software company. In July we employed a

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Hi we are a small software company. In July we employed a "Senior Developer" whose role was to lead on project work. Our contract of employment contained this clause
"Probationary Period. You will be on probation for the first 1 month of employment. We will confirm your employment or bring it to an end before or at the end of this period."
Within 2 weeks it became clear he was incompetent, to the point one of our major clients was threatening to withdraw their contract. We therefore had no choice but to dismiss him after 2 weeks and 4 days of employment.
It was our understanding that because he was in the probationary period and he didn't complete that we only had to pay for the amount of days he worked.
He has since announced he is taking us to tribunal with the crux of his argument being
" I believe I am entitled to 7 weeks (3 weeks prior to dismissal and 4 weeks notice period) and 3 days (holiday entitlement based on 28 days holiday per year, including 8 days bank holiday) or 38 days pay. As I have been for 14 days that leaves 24 days outstanding U have yet to be paid"
We are a small company and the sort of money he is claiming is hugely detrimental to our business. Especially has he performed no productive work whilst here. Having spoken to ACAS I am aware that technically we should have had a clause in our contract specifying that if the employer failed to complete probationary period then standard notice period and benefits would not apply. But we feel that this may not be correct.
We would really appreciate some independent advice please.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 6 months ago.
Hi Ben would you prefer to chat on phone?

Would he have been required to work any notice if either you or he ended the contract?

Customer: replied 6 months ago.
Hi Ben would it be possible to talk on phone?

Sorry. I am not available to talk at this present time. Is it possible to provide the information requested so that I can advise. Thank you

Customer: replied 6 months ago.
Ah sorry I have just seem the last message we had a probationary period of 1 month in contract and we ended their employment prior to end of probationary period then no notice period or accrued holiday would be incurred.
Customer: replied 6 months ago.
sorry to rephrase above " we assumed if we ended their employment period prior to end of probationary period then notice period wouldn't apply and no holiday would be accrued."

OK no problem at all and thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, 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.

Thanks for your patience. I am available to talk now if you would rather discuss this over the phone?

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 6 months ago.
Which number can you be reached on?

Don't worry I will call you myself shortly

Tried calling a few times on the number supplied but no one is answering?

Customer: replied 6 months ago.

ok will try this one instead