Probationary period over?

mynameisj

Hello All,

Not to go into too much detail, but I have been at my company for over a year and I have still not received my confirmation of permanent employment letter. This is greatly concerning as my contract states I have a three month probabtionary period followed a written letter of employment, extension or dismissal. Yes I have asked for it numerous times. What are people's experiences with this situation, what is the best course of action?

J.I.

shopbot

Just to clarify..you do have a contract but not a confirmation that you passed your probationary period?

It's probably best speak to Citizens Advice about this. Legally you are entitled to written terms of your employment however it sounds like you already have this.

https://www.citizensadvice.org.uk/work/rights-at-work/contracts-of-employment/#h-employee-s-right-to-written-details-about-the-employment-contract

Apart from this is everything O.K. at work? (i.e. paid properly and on time).

SeduLOUs

If you've got a contract in place that isn't fixed term then I wouldn't worry too much about it. The fact you are still working there beyond the probationary period in the contract would suggest you've 'passed' and in terms of a dispute everyone is technically on a 2 year probation anyway as you can be let go for almost any reason before this with little rights to go to a tribunal.

Thinking about it, I've never received a 'you passed probation' letter, I always just carried on working somewhere after the 3 months/6 months or whatever.

Mersey_2

Yes, you have passed. If you hadn't, at that stage you would have received written notification that your probationary period was being extended; or you had failed to fulfil the role and were being dismissed.

mynameisj

My worry is, is that this is written into my contract. Normally I would not be worried, but I lack trust in my company. I've had things blow up in my face due to not having something in writing. They are admittedly happy with me, although obviously not happy enough to keep me happy.

SeduLOUs

Well there's three options:

1. The company extends the probation, which would require notification to you.
2. You would be dismissed, which I'm sure you would know about.
3. The default option that you've passed your probation with no extension or other terms.

By the lack of either 1 or 2 being the case, the only remaining option is 3.

If they come along later and claim they have extended probation, you dispute this by asking why you were never given any notification of this extension despite chasing several times for an answer. Even if an extension were likely, it would 'usually' be another 3 months, but you've been there over a year now, so just forget it.

If they come along later and claim you were dismissed, well they are going to look a bit silly aren't they if they've carried on paying you.

[Deleted User]

mynameisj wrote: »

Hello All,
What are people's experiences with this situation, what is the best course of action?

J.I.

Finding out how your colleagues have been dealt with historically..?

If they like you and don't think they will risk losing you they won't tell you in my experience so I think last couple of poster's are bang on.

Deal with any fall out as and when it occurs!

mynameisj

Thanks for the responses everyone.
Amazingly they confirmed my employment status, albeit 9 months late. The solution in the end was a written complaint.

getmore4less

what contractually changes on the "Pass promotion"

If nothing then just carry on till two years then you get employment ptotections.

If there is something(often notice) do you care about those changes?