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Probation expired but no confirmation?

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Hi,

 

I was employed in the UK to start work on the 29th April 2013, my probation was 4 months which therefore expired end of August.

 

I have not had any communication as to whether i have passed or it has been extended. Can i presume i have passed? i have brought this up with my manager but they said HR seem to believe it was 6 months but that he would confirm. Again none of this was put in writing. i have a contract and offer letter both stating it was 4 months, which has been recognised by my manager but they said they will confirm. However its been 2 weeks, im chasing and yet no word!?

 

I just really want to know - as its a 1 week notice peroid in probation but 4 weeks notice after, if they suddenly did decide to get rid of me, seeing as my probation has technically lapsed would i be entitled to 4 weeks notice now or still 1?

 

If it does escalate and they either try to extend it or fire me, what are my rights? The way i see it is my probation has passed with no comunication from them prior to that so i should therefore be entitled to either 4 weeks notice and they technically shouldnt be legally able to extend it now its lapsed either!!!

 

Many thanks in advance

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What exactly does your contract say about the Probation?

 

Does it simply state that your probation period will be 4 months, or does it say that the probation will be reviewed after 4 months?

 

If the only qualification specified for successful completion of a PP is time served, then that is binding, and there is little that the employer could do to argue that you have completed 4 months service, so can consider that any PP has expired.

 

Personally I would have left it alone rather than invite an argument as a PP means very little in law except t entitle you to additional contractual benefits - in this case an enhanced notice period. It does not mean that you cannot be dismissed for no reason whatsoever without legal redress - you still need 2 years service to take action in an Employment Tribunal unless there is an element of discrimination to any dismissal.

 

Your rights, as I see it, and in the absence of any further conditions attached to successfully completing Probation, would be that if they let you go and do not pay the four weeks notice, then you can take the case to a Tribunal. If they want to extend the Probation, you can still argue that they are in breach of contract, but in so doing you may just be marked down as a trouble maker, paid the four weeks pay and let go anyway!

 

Hence why I would have kept my head down and kept quiet? Is there some reason that you suspect that your job is at risk?


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