Employment Lawyers Can Answer Your Employment Law Questions
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
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
No problem. all the best