Contract terminated in extended probation period

vooe

Hi,

My employment contract (this is in England) states that the probation period is 3 months. The notice period is 3 months, but within the probation period, the notice period is only one month. The contract does not say that the probation period can be extended.

My probation period was extended for 2 months, and then extended a second time for 3 months. Now they terminated my contract just before the end of my 8 months at the company. They gave me only one month notice.

But when 5 months after start of work they extended the probation period the second time for another 3 months, the "probationary review form" stating that the contract will be extended was signed 2 weeks after the end of the probation period (5.5 months after I started work), so it was signed too late. The form was signed by me and the manager. In addition, after the form was signed I also received a letter from HR informing me about the Extension of the probation period.

Also the CAB website says: "Your employer can extend your probationary period, as long as your contract says they can do this. For example, your employer may want to extend your probationary period in order to have more time to assess your performance. However, they can only do this if your contract has a term which says your probationary period can be extended under these circumstances. " citizensadvice.org.uk/work/rights-at-work/contracts-of-employment/

In summary:
-3 months after start of work the probation period was extended another 2 months
-5 months after start of work, the probation period was extended another 3 months. The review meeting was before the 5 months, but the probation review form was signed after 5 months. Also a letter confirming the extension was sent by HR after that (although the letter was wrongly dated by HR).
-8 months after start of work, they terminated the contract with one months notice instead of 3 months notice.

So, because the contract does not say that the probation can be extended, and because the probation review form (with the extension) was signed after the probation period ended, I believe I'm not in the probation period anymore and the notice period is 3 months instead of 1 month.

Thank you.

Takeaway_Addict

Question.?

vooe

My question is, am I right to assume that they should have given me 3 months notice instead of 1 months notice?

Gavin83

No your not. In fact they didn't have to give you anything. Unless you can prove discrimination for a protected characteristic they can terminate your contract with immediate effect without reason.

DandelionPatrol

Gavin83 wrote: »

No your not. In fact they didn't have to give you anything. Unless you can prove discrimination for a protected characteristic they can terminate your contract with immediate effect without reason.

Really?

Would you like to justify this?

vooe

It is my understanding from the contract, that within the probation period the notice has to be 1 month, and after that, 3 months. (So they can not terminate with a notice period smaller than either 1 or 3 months.)

The question is, is there a case I am not in the probation period anymore (because the extension was signed too late and because the contract does not say that the contract can be extended.)

System

However it says nothing about not being put back on probation for whatever reason

Extending probation twice indicates that they were not happy about your work in some way and gave you two extra chances to improve.

vooe

Yes, but the CAB website says: "Your employer can extend your probationary period, as long as your contract says they can do this. For example, your employer may want to extend your probationary period in order to have more time to assess your performance. However, they can only do this if your contract has a term which says your probationary period can be extended under these circumstances. " citizensadvice.org.uk/work/rights-at-work/contracts-of-employment/

The contract does not have a term saying the probation can be extended.

In addition, the review and extension form was signed too late.

General_Grant

Gavin83 wrote: »

No your not. In fact they didn't have to give you anything. Unless you can prove discrimination for a protected characteristic they can terminate your contract with immediate effect without reason.

Where are your views coming from?

Undervalued

Gavin83 wrote: »

No your not. In fact they didn't have to give you anything. Unless you can prove discrimination for a protected characteristic they can terminate your contract with immediate effect without reason.

No.

Whilst they could certainly terminate within two years without risking an unfair dismissal claim the OP is still entitled to the greater of statutory notice (one week) or whatever his contract specifies. If they fail to pay that he would have a valid WRONGFUL dismissal claim for which there is no minimum qualifying period.

vooe

Thanks. So the notice period should have been 3 months instead of 1 month?

Is this the case because the extension was signed too late, or is it because the contract does not say that the probation can be extended?