Late probation meeting

Kiwiguy74

Have just had a discussion with an employment lawyer who has seen the clauses. 
She believes they should have notified me that my probation needed to be extended. Whilst 5.2 allows for extension it should be notified before the end of the 6 month period. As that didn't happen she feels I could argue for 3 months. 

Kiwiguy74

I also got my start date wrong. It was the 13th June. So the eventual meeting was 1 month later  

chubsta

'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.'

Surely this is quite clear - the company can extend your probation, and that this period is effectively extended unless you are given express notice in writing that it hasn't been.

If they didn't contact you regarding your probation status to say you had passed it, then you are still on probation, therefore only entitled to one months notice.

Not sure what your Employment Lawyer is reading but it can't be the same document as you have provided here.

Undervalued

chubsta said:

'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.'

Surely this is quite clear - the company can extend your probation, and that this period is effectively extended unless you are given express notice in writing that it hasn't been.

If they didn't contact you regarding your probation status to say you had passed it, then you are still on probation, therefore only entitled to one months notice.

Not sure what your Employment Lawyer is reading but it can't be the same document as you have provided here.

As I explained in my earlier post, the legal position is that probation has beed "passed" at the end of the period unless the employee has been told otherwise. The OP here (apparently) wasn't told that their probation was "failed" or extended so they could legally assume it had been past and they were entitled to any contractual benefits that provides.

No contract terms can reduce your basic statutory rights. In this case the contract would seem to be something of a "try on" in that it seeks to reverse the legal position.

The other point I made earlier remains, is it wise to challenge this if the OP needs a reference etc.

Kiwiguy74

Correct. I wasn't told anything before the 6 month anniversary. 
The lawyer has seen the same contract wording/clauses. 
I'm convinced they are at fault by not informing me of a position (extension or pass/fail).
The 5.3 clause seems silly and suggests they want the 6 months to be meaningless. 

MalMonroe

Hi, it seems to me that you have no rights at all, thanks to their rigid T&Cs. 

When they say "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."

Were you aware of them reviewing your performance throughout your probation and if so, did you receive any feedback at all? Any decent company would have ensured that you were made aware of what they found - anything else is really a bit underhand.

If I were you I wouldn't be inclined to continue any further with that legal solicitor because the T&Cs clearly state that the company reserves the right to extend the probationary period. So you were aware of that at the outset. Please don't spend any money on legal representation without checking facts with the free help people, such as acas because they can advise you whether or not it's worth your while attempting to take this any further - i.e. to an employment tribunal. 

If acas say no, then it would probably be best to leave it alone. But before you leave, as others have said, do ask them exactly what you did that was so bad because you don't want to keep repeating the same errors in the future (if in fact they were that bad). 

To be honest, I really do feel that you'd be better out of that place, it sounds absolutely horrendous. I hope you manage to find something far more suitable for your talents. 

happyc84

Happened to me last job, was 2 days before 6 months prob period was up, said they wanted to extend it by another 3 months, no objectives given and no bad reviews, shame really big organisation, Manager said they didn't like people that were picked through a centralised HR process, so to the OP take 1 month and move on. Good Luck.

I had another job offer within a week. It can be about fitting in.

Kiwiguy74

So I'm hearing differing opinions here. Undervalued clearly agrees with me in that they failed to inform me of an extension (which it had to have been given it went past 6 months). 
Others are saying its a tight contract. 

Undervalued

Kiwiguy74 said:

So I'm hearing differing opinions here. Undervalued clearly agrees with me in that they failed to inform me of an extension (which it had to have been given it went past 6 months). 
Others are saying its a tight contract. 

I do, as does the solicitor you say you spoke to.

However, I also feel you need to consider carefully the value of pursuing this. The maximum you have to gain is two months wages. The employer could insist you work the whole three months notice rather than giving pay in lieu. That is their right and they could make it fairly miserable. Far more important, to most people, is a good (or at least totally neutral) reference. If you force their hand you may well not get that. 

So, it maybe depends on how easily you can find another job and when they would want you to start. If that is likely to happen within three months then that reduces your losses and that must surely be your top priority?

Kiwiguy74

Well I'm already on gardening leave so they're unlikely to make me do any work now. 
I have a reasonably senior level job so it'll take at least 4-6 weeks to go through a new recruitment process. 
I'm inclined to seek 3 months or 2 months in lieu.