Many thanks for your patience. Whether a probationary period has been successfully completed was considered in the case of Przybylska v Modus Telecom Limited.
The employee was employed on a 3 month probationary period, which could have been extended by the employer. During the probation her employment could be terminated with a week’s notice, with a longer period applying once the probation was completed. She was on holiday when her probationary period expired and the employer had not yet taken steps to extend her probationary period. A couple of weeks later she was dismissed with just a week’s notice, which is what she would have been entitled to but only if she was still in her probationary period.
She made a claim for breach of contract, arguing that as she was outside of the initial 3 months probationary period she should get the longer notice period. The employer in turn argued that they never confirmed whether she had passed her probation and as such she is still regarded as being on probation and only entitled to one week’s notice.
The court’s decision was that she should have been paid 3 months’ notice, which would have applied after the completion of her probationary period. The assessment on whether to confirm the completion of her probation or extend it should have taken place during the probationary period and if the employer wanted to extend it, it should have done so before it was due to expire. Therefore, if the employer has not taken steps to extend the probation before it expires, it would be assumed that it has been successfully completed and any terms that would apply following successful completion would be the valid ones.
If there was not going to be a change in terms following completion of probation, then whether you are still on probation or not makes no difference to you legally. This is just an internal permanence measurement tool. Your rights are really dependent on your length of service and you actually have no unfair dismissal protection until you have been there for at least 2 years. It means you can still be dismissed for more or less any reason as long as it is not on discriminatory grounds - this is the case whether you are still on probation or not.
Does this answer your query?