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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 66615
Experience:  Qualified Solicitor
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I have been advised that I am being dismissed from my role,

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I have been advised that I am being dismissed from my role, the notice period advised is incorrect as the employer suggests I am in a probationary period but in terms of their Probation policy and my contract my probation would end after 6 months, I have not been told before or at the time the six months expired that I was likely to or failed my probation. However a month later I am being dismissed utilising Probation as limiting the notice period, which I have challenged.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: I am discussions with HR but have not had any resolution to date
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee and no union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not at this stage

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

So when did your probationary period actually end and what reason has your employer provided for dismissing you?

Customer: replied 6 months ago.
30 Sept 2019

Also, how much notice is your employer asking you to work?

Customer: replied 6 months ago.
Some tasks took to long and my approach is too relaxed and not favourable

OK and how much notice is your employer asking you to work?

Customer: replied 6 months ago.
Originally verbal notification was 1 week but this was wrong, if in probation 1 month outside of probation 3 months
Customer: replied 6 months ago.
Hi are we still in the conversation

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Ben Jones and 4 other Law Specialists are ready to help you

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.

Customer: replied 6 months ago.
Great many thanks for this, it’s a clear position relative to my own.

All the best

Customer: replied 6 months ago.
Good morning Ben, Thames Water have indicated they want to settle, however all that is on offer is 3 months in Line of notice. This therefore suggests they have accepted they were wrong in their initial position. They have not offered a retraction of the dismissal at this stage, they have not offered any compensation for failing to follow their own process and in reality Breaching Contract in regards ***** ***** I really want a retraction of the original decision so my record at Thames is left in tact and that I should leave them with suitable compensation as it is a very difficult market to find alternate employment at the moment. Would it be unreasinbal to reject the offer and present an alternate such as; maybe I will agree (without prejudice) to resign and seek the 3 months plus an additional 3 months compensation all paid in lie and inclusive of benefit payments such as car allowance and pension contributions. Your thoughts would be welcomed as I have a meeting with the HR Manager on Monday to discuss. RegardsMick Gray

Hello, thanks for getting in touch. We do kindly ask that customers post any related follow up queries within 7 days of submitting their original question. After that time, if you need further support, we kindly request that a new question is posted as we cannot offer indefinite assistance under one query. If you need any further help on this matter please post it as a new question on our site, starting it with 'for Ben Jones' as I am familiar with your case and can deal with it most efficiently. Many thanks