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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 51581
Experience:  Qualified Employment Solicitor
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I was on a 3 month probation period that expired on the

Customer Question

I was on a 3 month probation period that expired on the 4/3/18 ( 6 weeks ago). I have received an email asking me.to attend a probation review meeting, stating that I should be aware that my contract may be terminated. Can they do this ? I have never had a meeting discussing my probation is being extended. It also states in my job offer letter and contract -'Your initial employment with the company will be on the basis of a probationary period of UP TO 3 months. The company will assess and review your work performance during this time and reserves the right at any time during THIS period to terminate the employment with one weeks written notice.'Any advise would be grateful
Many Thanks
Submitted: 5 months ago.
Category: Employment Law
Expert:  Ben Jones replied 5 months ago.

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

Expert:  Ben Jones replied 5 months ago.

What is the notice period after probation?

Customer: replied 5 months ago.
4 weeks
Expert:  Ben Jones replied 5 months ago.

Thank you. Your main rights will actually depend on your length of service. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on a reason which makes a dismissal automatically unfair. These include:

· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

· Taking, or trying to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave

However, if the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That could happen if you were not paid your contractual notice period (unless you were dismissed for gross misconduct) or the employer had not followed a contractually binding dismissal procedure.

So the only concern here is what notice period you are being paid. In your case, you have grounds to claim the 4 weeks rather than the 1 week as there is case law to confirm that you have passed the probation as it was not extended before it expired.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the relevant case law on probationary periods. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Customer: replied 5 months ago.
they can fail my probation even though the 3 months has expired without it being extended? I have had no relevant training and minimal support during my 4 and a half months.
Expert:  Ben Jones replied 5 months ago.

they can dismiss you very easily (and legally) regardless of probation or not - it is not probation that determines your rights, as mentioned, it is your continuous length of service

Expert:  Ben Jones replied 5 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 5 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks