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Probationary Periods - Clarifications?


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Hi there - could anyone help me the following queries:

 

1) If the period has passed without comment - have you passed your probation?

 

2) Can this (offer letter) be used in a dispute or tribunal before 12 months employment i.e. without employee rights?

 

3) Is confirmation job offer including salary & working hours - legal without a contract?

 

4) If you leave employment in your pp are you entitled to holiday pay - leave accrued not taken?

 

I have just started employment and am under a 3 month pp, which once passed I will recieve an increase in annual salary? this is confirmed in my offer letter but have not recieved a contract - been there 7 weeks now.

 

A current colleague has advised me that she was on similar terms, (offer letter) and when she passed her pp date she asked them 3 days after about her pay increase - they organised a meeting and 1 week later told her she had not passed, extended her pp, and since then have not advised her if she has passed it - she has now been employed for over 12 months - is she entitled to her pay increase now?

 

I am concerned by the above - they may try the same thing with me and also I do believe after working with this girl for 2 months that she is clearly capable of her role!

 

In my offer letter it also states 2 weeks notice either side - I have been offered another job elsewhere and am inclined to take this - would I legally have to give them 2 or 1 weeks notice?

 

Any advice/information would be greatly appreciated.

 

Thanks,

Lost24

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There is no legal basis for a probationary period, therefore the answers to your questions will generally be based in contract - i.e. the terms the individual employer has set for the PP.

 

However, 3 - yes it is, there is a contract even if it is not a written one.

4 - yes AFAIK.

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Hi there - could anyone help me the following queries:

 

1) If the period has passed without comment - have you passed your probation?

 

As MrShed says - there is no legal basis for a probationary period unless successfully completing it confers additional contractual rights (for example a pay increment or bonus). However, if your contract (or job offer) says that you will be deemed on a probationary period for say three months, and you work beyond this without comment or contradiction by the employer, then you could claim that the period has passed and that you have completed your probation.

 

2) Can this (offer letter) be used in a dispute or tribunal before 12 months employment i.e. without employee rights?

 

Yes - but be aware that you have limited protection under the law until you have completed 12 months service. You cannot make a claim for Unfair Dismissal within that time unless for discrimination.

 

3) Is confirmation job offer including salary & working hours - legal without a contract?

 

Yes. A contract may be as basic as that and need not be in writing. Simply by attending work and performing the tasks expected of you this fulfils your side of the contract, and by paying you wages the employer is accepting their contractual responsibilities. By law though you should receive a basic statement of particulars detailing hours and place of work, rates of pay, holiday entitlement etc.

 

4) If you leave employment in your pp are you entitled to holiday pay - leave accrued not taken?

 

Yes - holiday accrues from day 1 and you must be given at least 4.8 weeks per year, which can include Bank Holidays if you are not required to work them.

 

I have just started employment and am under a 3 month pp, which once passed I will recieve an increase in annual salary? this is confirmed in my offer letter but have not recieved a contract - been there 7 weeks now.

 

A current colleague has advised me that she was on similar terms, (offer letter) and when she passed her pp date she asked them 3 days after about her pay increase - they organised a meeting and 1 week later told her she had not passed, extended her pp, and since then have not advised her if she has passed it - she has now been employed for over 12 months - is she entitled to her pay increase now?

 

She is certainly entitled to ask them what they are playing at! She should raise a formal grievance asking why the probationary period appears to be used a means to deny her a promised pay increase.

 

I am concerned by the above - they may try the same thing with me and also I do believe after working with this girl for 2 months that she is clearly capable of her role!

 

In my offer letter it also states 2 weeks notice either side - I have been offered another job elsewhere and am inclined to take this - would I legally have to give them 2 or 1 weeks notice?

 

If stated in the contract then you should give two weeks notice, but in practice there is little that they could do if you only gave a week.

 

Any advice/information would be greatly appreciated.

 

Thanks,

Lost24

 

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Thanks Sidewinder,

 

So my job offer letter which includes a start date, annual sal & increase after 3mths pp, and annual leave, notice during pp and after pp & working times constitues a legal contract?

 

If nothing has been said or advised after my pp ends then I have passed pp by default? they should honour their letter re pay increase?

 

during pp I have to give 2 weeks notice, if they do not honour their letter after pp i can still give them 2 weeks notice rather than 1 calendar month?

 

I appreciate your help - just need to be clear :-)

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