Extension Of Probation

[Bayler]

My 3 month probation period expired in mid-July 2008 with the first review after 4 weeks and the second review after 8 weeks, when no concerns were raised about my performance. Towards the end of August I was advised that my probation was being extended for 6 weeks so that I could achieve "attention to detail".

 

My arguments are essentially that my training was below par and that the working environment is far too pressurised to allow me to achieve "attention to detail". I have also raised concerns about the manner and timescale in which the extension has been implemented.

 

I have read somewhere that because I was not clearly advised before the end of the probation period that the probation had been extended, then I am right to assume that I have been confirmed in post so I have in fact passed by default. I have included this in my written comments.

 

At a meeting with my boss today I was told that my comments and concerns will simply lie on the file, that she does not agree with or accept most of them and that the extension period is now 3 months as opposed to 6 weeks

 

I am aware that the matter of probation is not regulated by law and that is is essentially a measure of performance but if the reality is that an extension cannot happen in these circumstances then how do I take this forward if the matter is, according to my boss, not going any further?

 

I fear that working relationships have been damaged and the working environment will be fraught from now on and if I could afford to leave on a week's notice then I would do so but unfortunately I, like many others, need my income to provide for my family. I am also loathe to look for another job when I have not passed my probation as I fear that this may be pointed out or at least a damaging reference provided.

 

If anyone can point me in the right direction I'd be grateful as I am expected to move on this, one way or the other, next Monday and to be honest I'm struggling to know how to progress this.

 

Thanks in anticipation from a newbie

[MrShed]

You have no leeway IMO I'm afraid, as legally probation periods do not exist in law.

 

Bear in mind that the extension or otherwise does not change your legal rights one jot.

 

What is the EXACT wording in your contract of employmanet regaridng probation?

[Bayler]

You have no leeway IMO I'm afraid, as legally probation periods do not exist in law.

 

Bear in mind that the extension or otherwise does not change your legal rights one jot.

 

What is the EXACT wording in your contract of employmanet regaridng probation?

 

Thanks for your thoughts on the matter MrShed

 

There is a contractual right to extend or dismiss but I am now advised by an employment lawyer that there is an EAT decision which is authority for the point that where, as in my case, the employer has failed to exercise an express contractual right to extend the probationary period within the initial probationary period itself then the employer loses the right to extend it so that I have passed in default and am now entitled to a month's notice under my contract and not the week that applied under probation

 

So I intend to share this information with my boss at work on Monday and I will be armed with the necessary supporting documentary evidence and shall say that in the circumstances my position is untenable and shall ask for a move (which is defintely an option) or will negotiate an amicable notice period which I have no doubt would extend well beyond the month, given the extent of the workload and the time it will take them to replace me.

 

I think that my big boss will have to raise this issue with HR so its likely to drag on forever but I'll let you know about progress...or lack of it

[elche]

I am now advised by an employment lawyer that there is an EAT decision which is authority for the point that where, as in my case, the employer has failed to exercise an express contractual right to extend the probationary period within the initial probationary period itself then the employer loses the right to extend it so that I have passed in default and am now entitled to a month's notice under my contract and not the week that applied under probation

 

This is exactly right the case being Przybylska v Modus Telecom Ltd, decided as you say by the EAT.

 

All I would say is don't be too 'cocky' (assuming you want to keep the job) with your employer when you inform them of this, as even though you have passed your PP now, you still have less than the one years service normally needed for an Unfair Dismissal claim, and as we all know a determined employer can fairly easily 'manage out' short service employees if they are vindictive enough!

 

Good luck

[Bayler]

This is exactly right the case being Przybylska v Modus Telecom Ltd, decided as you say by the EAT.

 

All I would say is don't be too 'cocky' (assuming you want to keep the job) with your employer when you inform them of this, as even though you have passed your PP now, you still have less than the one years service normally needed for an Unfair Dismissal claim, and as we all know a determined employer can fairly easily 'manage out' short service employees if they are vindictive enough!

 

Good luck

 

Thanks I feel much better for knowing that a third person agrees

 

I'm far from being cocky about the situation, believe me...I'm shell-shocked to be honest and feel extremely uncomfortable in my working environment since I was told about the extension. It's an uphill struggle trying to get my point across and today when I had a meeting with my boss she just didn't get any of it as she tried to justify the extension, urged me to accept it and said that my case is "different". I was also told that it was my responsibility to expressly mention, prior to probation expiry, that its end was imminent and that at my two month review I should have asked how I was doing At that review the only things that she brought up were my goals for the coming year and the areas still to cover in training, no mention of under-performing, so I had assumed that all was well.

 

Anyway the matter is being referred to HR so we shall see...

 

I'm well aware of the "dismissal" angle and know that there's nothing I can do about that if it happens but I honestly don't think that it will come to that as my "big boss" is fair and nice and I still think a move is a possibility. I work for a big company and there are other positions available on other contracts. I have made it clear that I feel that my current position is now untenable. Certainly I would be loath to remain in it after all this.

 

And if the only option is to go then I'll take it on the chin and look for another job because, after all, there's nothing worse than being unhappy at work and it's been that way for me for the last 5 months. C'est la vie, as they say