Termination on probationary when probabtionary date expired

[nridgeway]

My husband has had his contract terminated today with the reason that he did not pass probation. His Probation expired on 14 June, so about three weeks ago.

If dismissed whilst on probabtion he is entitled to one week's notice. He has been offered one month's notice, but his contract says three months notice once probation completed.

I think I have read somewhere that if probation is not terminated or renewed by the end of the probationary period, then the implication id that the contract is permanent.

I think his employers may realise this and that is why they have offered one month's notice rather then 1 week's. Should he be entitled to the three months notice?

[my-spirit-soars-free]

Was he told, while he was still on probation, that he was not likely to pass? Was he given a chance to correct what the problem was?

 

How long was the probation? Has he now been employed for longer than a year?

[R&J]

He should be entitled to claim whatever his contract says, if they dismiss him other than in accordance with his contract he would have a claim for Wrongful Dismissal.

 

In respect of Unfair Dismissal (a different concept) the probationary period makes no difference, he would still have to have had a year service.

 

The way I see it, based on the information you have provided he should hold out for 3 months pay, in accordance with his contract.

[nridgeway]

This was a new position in the company with a 6 months probation, employing two people.

After 7 months, he was told that he had not passed probation (so 1 month late) and they were renewing for a further 2 months, then now a month after the 2nd probation date they have terminated.

The reasons both times were a bit woolly and not really specific and he was also told this time that they are going to terminate the other individual as well (really professional). I think as it was a newly created role, they have decided that they don't want it.

However total employment is about 10 months, so under a year, so no unfair dismissal.

I would just like a bit of clarification as to whether we can go for the 3 months pay as technically over the probation end