Contract terminated in extended probation period

elsien

Is there an employee hand book that covers probation, as that can form part of your contract, I think

vooe

elsien wrote: »

Is there an employee hand book that covers probation, as that can form part of your contract, I think

Yes, but I now only have the new version that was released after I joined the company. I was not aware I had the handbook in my files, but here it says: "All new employees are required to serve a probationary period of at least three months (or as specified in your individual employment contract). Subject to completing your probationary period successfully, HR will send you confirmation of permanent employment in writing. Until this letter is issued, the probationary period will continue. If during, or at the end of this probationary period, [we] consider that as a new employee you have not reached a satisfactory level of competence, we reserve the right to either extend the probationary period or terminate your employment after giving contractual notice."

The employment contract says the staff handbook forms an integral part of the contract and that "Where the specific terms of the contract differ from the comparable terms contained in the handbook, then the contract of employment shall prevail." So from this it seems they may have the right to extend it.

But the probation review and extension was signed too late? Does this not matter?

elsien

I don't know for sure, but generally you're on probation till you get the review and letter confirming that you've passed. So I'm not sure that it being late makes much difference to your situation - it could be argued that you're on probation until the company confirms otherwise.

asajj

First of all, this is just a forum so no one can give you a definite answer, don't rely on that.
Normally, if probation extended, person would be given additional support and training. Have you had additional support?

When you said late, I believe you refer to the fact that it was signed 2 weeks after the end day of the first one. Have you had a review before that and told it would be extended?

vooe

asajj wrote: »

First of all, this is just a forum so no one can give you a definite answer, don't rely on that.
Normally, if probation extended, person would be given additional support and training. Have you had additional support?

When you said late, I believe you refer to the fact that it was signed 2 weeks after the end day of the first one. Have you had a review before that and told it would be extended?

I had some additional training, but it was not directly related to the work I'm doing. I don't think I got enough support.

The review meeting was before that and I was told they would extend it. They gave the form to be signed by me and the manager. The signatures were made after the deadline passed.

[Deleted User]

vooe wrote: »

But the probation review and extension was signed too late? Does this not matter?

It falls on you to chase up. I found this out when boot was on the other foot I wanted to leave on pre probation terms when there was never any confirmation 'I'd passed' but apparently I had. Forget the 2 year rule then oh yes!
I was later told at the first probation meeting I or the company could have let me go - I ended up losing money over this matter because a letter would simply have been made available 'on request'.


Why would you want to prolong this? You would be better getting over this and think well rid of a place like this? There are also people who only get to work on verbal agreements (or only receive written only on pass of probation so it could be worse) I am sorry, you were lucky something was in writing in my opinion.

vooe

Deleted%20User wrote: »

It falls on you to chase up. I found this out when boot was on the other foot I wanted to leave on pre probation terms when there was never any confirmation 'I'd passed' but apparently I had. Forget the 2 year rule then oh yes!
I was later told at the first probation meeting I or the company could have let me go - I ended up losing money over this matter because a letter would simply have been made available 'on request'.


Why would you want to prolong this? You would be better getting over this and think well rid of a place like this? There are also people who only get to work on verbal agreements (or only receive written only on pass of probation so it could be worse) I am sorry, you were lucky something was in writing in my opinion.

Because it would make my job search much easier when my employment contract would end a bit later, not having to explain in the interview why it already ended.

I did also not agree with most of the alleged reasons for failing the probation. I don't think I can really challenge it or make an appeal? As far as I know, they can dismiss you anyway, even if the claimed reasons are not really valid, during the first 1-2 years?

CrowCrow

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.

Not correct. Contracts are enforceable in small claims court. The contract states 3 months notice period, that is what the company is bound by.

vooe

CrowCrow wrote: »

Not correct. Contracts are enforceable in small claims court. The contract states 3 months notice period, that is what the company is bound by.

CrowCrow, you say the company is bound to 3 months (not 1 month)? Would that be because the probation extension document was signed too late?

Or is it rather 1 month notice, since they extended the probation period two times?

General_Grant

vooe wrote: »

Yes, but I now only have the new version that was released after I joined the company. I was not aware I had the handbook in my files, but here it says: "All new employees are required to serve a probationary period of at least three months (or as specified in your individual employment contract). Subject to completing your probationary period successfully, HR will send you confirmation of permanent employment in writing. Until this letter is issued, the probationary period will continue. If during, or at the end of this probationary period, [we] consider that as a new employee you have not reached a satisfactory level of competence, we reserve the right to either extend the probationary period or terminate your employment after giving contractual notice."

The employment contract says the staff handbook forms an integral part of the contract and that "Where the specific terms of the contract differ from the comparable terms contained in the handbook, then the contract of employment shall prevail." So from this it seems they may have the right to extend it.

But the probation review and extension was signed too late? Does this not matter?

You are bound by the whole contract - including that your probation continues until HR confirm otherwise.