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SolicitorRM
SolicitorRM, Solicitor
Category: Employment Law
Satisfied Customers: 5507
Experience:  Director and Principal Solicitor. UK
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I was dismissed using the probation period and rating my job

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Hello
JA: Hello. How can I help?
Customer: I was dismissed using the probation period and rating my job unsuccessful after 6 month but my original probation period was 3 month which was extended 9 days after it was already over
JA: What were you convicted of exactly? Have all your appeals been exhausted?
Customer: at first I appealed against decision but after 2 month I was told company found dismissal right after asked my manager about its reasons ACAS however told me I should not try to defend what I did but to foucs on contract breach as extension of probabtion period was contract breach
JA: Where did this occur?
Customer: end of February and I was told about employers final word beginning of May since I~m trying to find any solicitor helping me to start a claim
JA: Anything else you want the Lawyer to know before I connect you?
Customer: does he/she need anything further?
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 year ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
thanks for the update and waiting for the Solicitor to contact

Hi thank for your enquiry and patience. I am sorry to hear of your situation. If the probationary period clause in your contract did not expressly state that you will not be deemed to have passed the probation unless you receive written confirmation to that effect from the employer then the advice you got from ACAS would be accurate, the probationary period will have inadvertently lapsed and your employer therefore would not have been able to extend the probationary period after the 9 days. They could only extend it before it had ended and as such they missed the opportunity to use probation period effectively by allowing your probation period to simply expire without any assessment taking place. You will have therefore passed the probation period by default. The legal position is that where the probation period expires without being specifically extended it will be deemed to have been successfully passed by the employee. The dismissal therefore would be wrongful dismissal and you can take this to the tribunal despite not having worked for 2 years. You need to get a solicitor to review your contract and to see what you are entitled to for compensation as what happened would normally have a knock on effects for any contractual terms that are dependent on successful completion of probation period eg notice periods and enhanced contractual benefits.

I hope this helps and I would be grateful for your rating at your earliest convenience. All the best

SolicitorRM, Solicitor
Category: Employment Law
Satisfied Customers: 5507
Experience: Director and Principal Solicitor. UK
SolicitorRM and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for the respond and detailed explanation.
Attached you can find the probation period description from my employment contract and I can confirm that before the 3 month ended neither review nor notification about the need to extend has received. Several days after it was already over I was told it will be extended as most of the things I was asked can`t deliver results in 3 months, so they took the option according to the contract, but it was already after the 3 months was over (already in December - the 6th of Dec, if I remember well)
so please let me know how you should help me and what are the terms and conditions of your support (fixed fee for the process or % of achieved compensation, etc.)
Customer: replied 1 year ago.
Hello, may I ask whether there is anyone who would be able to start my case?
I have from you and ACAS as well the advice what to do I just need someone to take actions as my former employer is not talking to me but waiting for a lawyer to contact them.
Thanks for your respond in advance

Good afternoon. regrettably because I have come to know of your dispute on the JA platform I am not able to assist you privately. I would recommend that you contact clerksroom.com they have solicitors and public access barristers that you can employ on short notice to assist. Alternatively you could use the Find solicitor tab on the law society website where you can filter by distance from your home. I am sorry I am not able to help but glad that you are not giving up on it as you are legally you were wrongfully dismissed. All the best

Customer: replied 1 year ago.
thanks for the respond and advice. I`ll try to find someone via the proposed portals then
thanks again

No problem. all the best