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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 1325
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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Second opinion] I have a question regarding probationary

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second opinion] Hi there I have a question regarding probationary periods when starting a new role with a new employer
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Only with my employer as they are a small family run business with only 4 employees they do not have a HR dept and I’ve not spoken to a lawyer yet
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am paye employed and do not belong to the CWU or other union
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: yes
Customer: replied 5 months ago.
I started a new job on a 3 month probationary period on 8th April 2019.
My employer did not set out any expectations of performance for the probationary period nor did they give an end date or review date, after 8th July when the 3 month probation period expired my employer did not do an end of probation review and everytime I notified my employer that probation period had ended my employer kept saying they would have a sit down review meeting with me but wouldn’t commit to a date and kept putting me off or forgetting about it. 8th October 2019 I finally had a sit down meeting 3 months after my probation ended and my employer now wants to extend my probation but not because of my work performance but because he feels that I am just coming to work doing my job and taking a salary rather than getting more involved in office side of things with customers and being more social even though he know I have a lot of personal stress outside of work, my job role is telecoms engineer. Within that role I install car 5e/cat6 data cable. Fire and intruder alarm systems and cctv

My question to you, is my employer allowed to extend my probation period even though it ended a little over 3 months ago and a review never took place ?

Hello my name is Ross and I can help with this matter if you are still looking for help,


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Thank you.

Customer: replied 5 months ago.
Hello Ross nice to meet you. Yes that would be grand as I’m still unsure on my position

Thank you for the additional information. The reality is that there are no laws stopping them from doing this. I guess that until they confirm to you that you have successfully passed the probationary period then they can extend it. What I would say and just as a word of caution, is that if it is not too big a deal I wouldn't bother taking issue with it. The reason I say this is because until you have 2 years service with an employer you don't have any rights to claim unfair dismissal against your employer. So the reality is that they can simply dismiss a member of staff even if the reason is arbitrary. They also don't have to follow any procedure as they cannot be held liable as you would not have any right to claim. What I would note is that it is poor performance on their part not to follow the timelines which they have set out however, this is just unfortunate and not actually legally actionable.

I hope this has helped.

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Kind regards




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Customer: replied 5 months ago.
Thank you Ross, very informative. You have answered my question thank you again

Of course no problem with the rating.

Enjoy the rest of your weekend

Kind regards