Ask a Law Question, Get an Answer ASAP!
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. At the outset were you told that the probation could be extended? Also was the successful completion formally confirmed to you?
Hi, sorry I was offline when you replied.
You can argue that according to the agreements you had made with the employer and their conduct, a binding contract was entered between you and them, which contained certain conditions. These would have been that once you successfully completed the probationary period, you would have moved on to a 10-hour minimum contract.
Whilst you are not protected against unfair dismissal and the employer could dismiss you at any time within the first 2 years of employment, you could argue that they had acted in breach of contract for not honouring the original agreement. One thing you should bear in mind is that you should be able to show that you did not just accept the position and that you made it clear that what they were offering you was unacceptable. The risk is that if you said or did nothing and just carried on working on the current conditions there is an implied acceptance of this and your chances of pursuing this are reduced, but only a tribunal can decide if that is the case.
If you wanted to pursue this further you can make a claim for the difference in hours through www.moneyclaim.gov.uk
Hope this clarifies your position? If you could please let me know that would be great, thank you
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks