Late probation meeting

Kiwiguy74

Hello
I started my job on tje 20th June and was due to haveton end of probation meeting on the 19th Dec. This got bumped to 12th Jan (today).
As nothing had been said I presumed I had passed probation.
At the late probation meeting today they informed me they were going to terminate my contract siting performance issues.
This came out of the blue and there had been no indication of performance concerns.
I am wanting to make a case to be paid 3 months notice (as opposed to 1 month offered).
Given the circumstances what are my chances of getting 3 months? The rationale is that that they didnt confirm probation had been passed within the 6 month period or confimr that probation was to be extended (to the eventual review date 12 Jan). 

Relevant Clauses follow

5. Probationary period 5.1 Your initial employment with the Company will be on the basis of a probationary period of 6 months. During that period, the Company may, at any time, terminate your employment by serving the requisite notice (refer to clause 11). 5.2 Your performance and suitability for continued employment will be reviewed throughout your probationary period and the Company reserves the right in its absolute discretion to extend the probationary period beyond the initial 6 months. 5.3 Your probationary period will only come to an end when you have been informed that you have successfully passed your probation in writing.5.4 During your probationary period, the organisation's disciplinary procedure need not be applied to you and you are not eligible for the additional benefits outlined in the Employee Handbook and Reward & Benefits booklet



12. Notice 12.1 Except in circumstances justifying summary dismissal, the following notice to terminate your employment will apply: Length of Service Written notice to be supplied Until the probation period is passed Employee: 4 weeks Employer: 1 week After the probation period has been passed 3 months from either party

Andy_L

Kiwiguy74 said:

Hello
I started my job on tje 20th June and was due to haveton end of probation meeting on the 19th Dec. This got bumped to 12th Jan (today).
As nothing had been said I presumed I had passed probation.
At the late probation meeting today they informed me they were going to terminate my contract siting performance issues.
This came out of the blue and there had been no indication of performance concerns.
I am wanting to make a case to be paid 3 months notice (as opposed to 1 month offered).
Given the circumstances what are my chances of getting 3 months? The rationale is that that they didnt confirm probation had been passed within the 6 month period or confimr that probation was to be extended (to the eventual review date 12 Jan). 

Relevant Clauses follow

5. Probationary period 5.1 Your initial employment with the Company will be on the basis of a probationary period of 6 months. During that period, the Company may, at any time, terminate your employment by serving the requisite notice (refer to clause 11). 5.2 Your performance and suitability for continued employment will be reviewed throughout your probationary period and the Company reserves the right in its absolute discretion to extend the probationary period beyond the initial 6 months. 5.3 Your probationary period will only come to an end when you have been informed that you have successfully passed your probation in writing.5.4 During your probationary period, the organisation's disciplinary procedure need not be applied to you and you are not eligible for the additional benefits outlined in the Employee Handbook and Reward & Benefits booklet



12. Notice 12.1 Except in circumstances justifying summary dismissal, the following notice to terminate your employment will apply: Length of Service Written notice to be supplied Until the probation period is passed Employee: 4 weeks Employer: 1 week After the probation period has been passed 3 months from either party

Since it doesn't seem you were "informed that you have successfully passed your probation in writing" you are still on probation so only entitled to 1 weeks notice

Penguin_

Take the months notice & move on sadly.

elsien

And find out what the performance issues are. Because if they’re not just over staffed and looking for a reason to get rid you, and there are genuine performance issues, you need to know what those are so you can address them in your next job.

Kiwiguy74

Surely the sentiment of the clauses (especially 5.3)  are that the confirmation happens at the end of the 6 month period. 
They missed the 6 month window.
Also makes a mockery of the 6 month date given it means nothing until they confirm it in writing. 

Kiwiguy74

I've had nothing in writing yet either

Penguin_

But the clause, 5.3, specifically states that:

Your probationary period will only come to an end when you have been informed that you have successfully passed your probation in writing

Yes the probation meeting was late but there are lots of people off in December so it may have taken until the New Year to sort.

elsien

" the Company reserves the right in its absolute discretion to extend the probationary period beyond the initial 6 months."

It was Christmas, things slip at that time of year. 
That doesn't it any less of a kick in the teeth for you, but they didn't confirm you'd passed probation in writing. I'm not sure what else you can do to make a case for the 3 months pay. 

DullGreyGuy

Kiwiguy74 said:

5.3 Your probationary period will only come to an end when you have been informed that you have successfully passed your probation in writing.

You've not had this therefore by default you are still in probation and implicitly they have exercised their right under 5.2 to extend it beyond the initial 6 months

Unfortunately you've got a contract thats been written by someone who was at least half competent. I have seen those which are written such that its automatically passed unless you are told otherwise... knew 2 guys there who just phoned in sick at the end of their probationary period as they knew they were getting the boot and so when they had their meeting the following week they had to be given the 3 month notice 

JGreenwood

I think in this instance you've not really a leg to stand on.

Like many others have said the part about being informed if you've successfully passed gives them the option to deny the 3 month notice.

Undervalued

Probation has very little meaning in employment law. As there is very little protection against unfair dismissal with less that two years service, it could be argued that anybody without very special terms of employment is effectively "on probation" for two years. Otherwise all that "probation" does is convey some contractual benefits / changes on passing.

Legally you are deemed to have passed probation unless told otherwise. So, you may have an argument for the three months notice. Whether it is worth / wise to pursue is another matter. Remember they could insist you work the three months and give you all the miserable jobs to do. Equally you cannot force them to give you a reference, let alone a good one!

You can ask why your performance wasn't good enough but you cannot force them to provide a meaningful answer.