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probation period advice


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hi, firstly i dont think my partner has a contract of employment, hes been working for his employer for 5 months now and he was told he would have a 3 month probation period which he finished and was given a payrise as he did the job well and has never had any warnings or been told hes not doing the job well.

 

we have just came bk off a 2 week holiday which he got payed holiday for and wasnt a problem with him taking the holidays,now today he gets a letter that says exactly this.

 

Dear mr *****

 

consequent to the review of your performance during your probation,we would like to inform you that there are a few impactable areas in which your performance has not been upto levels expected from you.

 

We therefor regret to inform you that your probation has been extended for a period of 3 months.

 

his 3 month probation period ended 2 months ago can they now add another 3 month period?? even after he got the payrise for gd work?? it just does not sound right to me, my partner has not been warned or approached and told his work is not up to scratch this letter is out of the blue and seems my partner does not have a leg to stand on if hes sacked in the next 3 months which i think is just totaly wrong, my partner knows some dodgy stuff going on in his work place but hes kept quiet so far just let them sack him he will take them down with him :) just need some advice realy on where he stands, thank you in advance for any advice xx

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Probationary periods are a contractual concept, and do not give, or take away any rights as such. You need to be there for over a year to claim Unfair Dismissal, so even if he completes his probation, they can still sack him without reason up until the year point.

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Hello there. By dodgy dealings do you mean health and safety or financial please? Your OH might be able to be a whistleblower, but I agree with R&J and this probably won't mean that any money will be forthcoming.

 

Please tell us what you can.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Your problem will lie in that if there is no official contract of employment, then there will be nothing to show what probation period was agreed or the terms of his employment were - only what was agreed verbally.

 

Verbal agreements are as valid as written agreements - the difficulty lies in verifying what was agreed if there was a dispute.

 

For example, if your boyfriends employer said that it was agreed that there was a 5 months probation period, would you be able to prove that it was untrue? They could simply say that it was an initial 5 month probation, and it has been extended by 3 months.

 

If your boyfriend has worked continously for the same employer for more than 2 months, he can insist that the terms of his employment are put into writing and signed by each party, therefore ending any confusion which may arise - the only practical reason for working without any written terms or contract is for those who are temping, contracting or other non-permanant reason - hence why after 2 months, he can insist on being supplied with agreed terms.

 

However, your boyfriend can argue the fact that if his performance was not as expected or upto scratch, then why did he receive a payrise? This is a sticky point, because employers do not tend to reward poor performance with a pay rise, therefore giving him an unexpected upper hand...

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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