Contract terminated in extended probation period

General_Grant

vooe wrote: »

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.

So you were advised before the end of the originally proposed probationary period then. Not all aspects of the employment contract have to be in writing. Even where pieces of paper are issued, signatures are not required in order for them to be valid.

vooe

But if I would not have signed, then they couldn't have extended the probation period? But may have dismissed me with either 1 or 3 months notice.

Below, I found a different opinion from the hrzone forum on a similar case like mine:

"I would argue that this employee could actually be eligible to claim. Is it stated within any policies that the probation can be extended to this extent. I think that a 9 month probation period, when it is normally only 3 months is a bit extreme - the Company should know sooner whether the employee is fit for the role.

As the employee now has over 10 months service. it could be argued that, had the Company followed the internal procedure for dealing with performance issues after an employee is through their probation, then the disciplinary procedure would have been used. If the Company had followed the disciplinary procedure if could have taken up to three months, and in this time he would have accrued employment rights.

I believe their have been previous cases where employees have successfully brought Tribunal claims for similar situations."

hrzone.com/community-voice/any-answers/can-probation-periods-be-extended-if-the-right-to-extend-is-not

asajj

Well as said, this is a forum(like HRZone) and you can't rely on forum advice and you are trying to get a definitive answer here but you can't go to court or anywhere to say "oh MSE people said so".

From what you say, I agree with General Grant. I also suspect HR would do such a mistake. If you still think you do have a claim, better to get professional advice however I'm not sure what you do expect to get out of it.

motorguy

vooe wrote: »

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.

You should seek formal legal advice, however realistically, they've extended your probation period twice now which suggests you havent been performing as needed, therefore i'd take the one months pay and run.

Anything over and above that is likely to require a tribunal and will cost time and money.