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beckyk28

Probationary Period extended 8 days after it expired and then dismissed

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I was employed with a 6 month probationary period. 10 days after the expiration of this 6 month period, I was sent a letter to notify me that due to performance issues this period had been extended for a further 3 months. At the time I agreed to the extension and carried on with my job. One month later I was called to a meeting with my line manager and HR Manager and told that y probationary period had been unsuccessful and was asked to leave my position with immediate effect and they would pay me the one week notice period as outlined in my contract.

 

As my probationary period had expired when they informed me that they were extending it, am I entitled to the month long notice period pay that is outlined in my contract as I had been with the company for more than the 27 weeks it states is needed for a 1 month notice period? I know that I agreed to the extension, but the letter I have notifying me of it is dated after the 6 months was up.

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I'm not 100% on this but a few years ago I was on a 3month probationary period which was then extended a further 3mth. It was at this time I was told that the max any probationary period could be was 6mth. Not sure if this was a company rule or employment law but it may be worth investigating as if it's law then you could have been wrongfully dismissed.

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It depends entirely on the wording of the contract.

 

If it expressly states that after your probationary period, a meeting will be held/letter sent to confirm your post, then you were probably within your probationary period. If it is more vague, then you have a better argument that they cannot retrospectively extend your probationary period and you should be entitled to a months notice.

 

Might be worth a letter requesting payment and failing that, getting in touch with ACAS early claim conciliation.

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my contract says:

"the company may extend the duration of your probationary period for such period as it considers appropriate by giving you notice in writing before the expiry of the probationary period."

 

Although I did receive this letter, and did agree to the extension, it was still dated 8 days after the expiry of the original probationary period

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If you didn't receive notification of an extension to your probationary period PRIOR TO the expiry, then contractually, the probationary period would be deemed to have expired for the purposes of notice pay. It cannot be retrospectively extended if there is an express clause within the contract.

 

 

Case law report here:

 

 

http://www.lexology.com/library/detail.aspx?g=07276896-8c48-44ce-a70d-70f749bc63cc

 

 

I would send them a letter before action requesting payment and citing the contractual term and above case law. If they fail to pay up, you can go for a breach of contract claim in the county court, or wrongful dismissal claim in the Employment Tribunal.

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