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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 77828
Experience:  Qualified Employment Solicitor
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I work for the home office and I am on probation for 6

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Hi, I work for the home office and I am on probation for 6 months. I do struggle with depression due to personal circumstances and my work performance is affected. Can my probation be extended?
JA: What were the underlying criminal charges?
Customer: No charges
JA: Where are you located? Probation law varies by location.
Customer: UK London
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nope
Hello, I’m Ben, an employment solicitor, and it’s my pleasure to assist you. I may ask for some information first to determine the legal position.

Has the employer mentioned the possibility of that happening? 

I also wanted to make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I am dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 13 days ago.
my manager mentioned this possibility! I am really struggling and I believe my gp will put me on leave. I am just worried that my current performance is not great and I won't have enough time to demonstrate my efficiency

Thank you. Would passing probation have given you any better terms of employment?

Customer: replied 13 days ago.
No! Not passing probation would result in me becoming unemployed

But I mean if your probation was extended, are you missing out on certain better terms, like higher salary, longer notice period, etc?

Customer: replied 13 days ago.
I don't think so!

Thank you very much for clarifying. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to go be going through.

There is a clear difference between having your probation extended and having it terminated. The former means your employment continues and there is simply an extended monitoring period, whereas the latter means your employment would terminate.

Whilst you do not have unfair dismissal protection in the first 2 years of employment, meaning that your employment could potentially be terminated at any time in that period for no reason, you do have protection against discrimination. For that you must show that you have a protected characteristic, such as a disability, with it being the reason for your termination. Long-term depression can be a disability and you should assume that you are disabled under law.

Even if you are not dismissed but only have your probation extended, that could amount to a detriment and also be an act of discrimination. However, if nothing changes during the extended probation and you are not missing out on any better terms as a result, the employer could argue that this is not a detriment as you are not in any way disadvantaged and passing your probation would not have placed you in a better off position in any way.

So really, the only potential discriminatory act is if you are dismissed due to reasons connected with a disability and that is when you can potentially challenge the employer.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

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