My probation ended April 26th. A meeting wasnt held until 3rd of May to tell me i was sacked.
Inbetween that time, i have worked. Meaning that according to this i have the job, and entitled to 3 months notice of a dismissal.
The reason for my probation extension is that, I made a complaint about one of the managers (he was bullying me). Problem was, he was the OWNERS SON. So, I got sacked. But unfortunetaly for them, im intelligent enough to know my rights. One of the manaagers argued that probation wasnt a contract (which everyone knows it is due to the fact employment of any kind needs a contract due to law), however his stupidity knows no bounds, has he SHOWED me my probation contract after I made my complaint!
Case study
Extending probationary periods
Employers will often include a probationary period in the contracts of all new employees, and this will usually provide for a shorter notice period to apply during that period and also for the period to be extended where there are any doubts over an individual's performance. A recent case has confirmed that if an employer wants to exercise its option of extending the probationary period, it should actively take steps to do so and to inform the individual that the period is being extended before expiry of the original period.
Ms Przybylska commenced her employment with MT Ltd on 3 October 2005. Her contract stated that there was to be a probationary period of three months during which either party could terminate on one week's notice; thereafter three months' notice was required. The contract also gave MT Ltd the express right to extend the probationary period (and one week's notice) "where circumstances may not have allowed an objective assessment of your [Ms Przybylska's] performance to be made".
The probationary period ended on 2 January 2006 (a bank holiday). Ms Przybylska returned to work on 4 January 2006 but the company had not taken steps to extend her probationary period. A meeting was set up on 19 January 2006 to carry out Ms Przybylska's probationary review. After a further meeting on 31 January 2006 she was told her employment was to be terminated with one week's notice. Ms Przybylska argued that, as her probationary period had ended, she was entitled to three months' notice.
The Employment Tribunal ruled that there was an implied term in Ms Przybylska's contract that her probationary period would be extended until the employer indicated that it was over. As the probationary review was not carried out until 19 January, it was reasonable to assume that the probationary period (and the one week notice period) was still in effect. The Tribunal therefore determined that Ms Przybylska was only entitled to one week's notice.
The EAT overturned this decision on the basis that there was no need for such an implied term as there was an express term in the contract allowing MT Ltd to extend the probationary period if it so wished. As MT Ltd had neither dismissed Ms Przybylska nor exercised its right to extend the probationary period during the initial period, it had lost the right to terminate the contract on one week's notice. Ms Przybylska was therefore entitled to three months' notice.
This case serves as an important reminder to employers of the need to carefully monitor the performance of employees during their probationary period and to take prompt steps to address any concerns. Provided the contract allows for the period to be extended, this should be done in advance of the initial period ending. To avoid any oversights the safest course of action might be to provide in the contract that the probationary period continues until the employer confirms in writing that it has been successfully completed.
Inbetween that time, i have worked. Meaning that according to this i have the job, and entitled to 3 months notice of a dismissal.
The reason for my probation extension is that, I made a complaint about one of the managers (he was bullying me). Problem was, he was the OWNERS SON. So, I got sacked. But unfortunetaly for them, im intelligent enough to know my rights. One of the manaagers argued that probation wasnt a contract (which everyone knows it is due to the fact employment of any kind needs a contract due to law), however his stupidity knows no bounds, has he SHOWED me my probation contract after I made my complaint!
Case study
Extending probationary periods
Employers will often include a probationary period in the contracts of all new employees, and this will usually provide for a shorter notice period to apply during that period and also for the period to be extended where there are any doubts over an individual's performance. A recent case has confirmed that if an employer wants to exercise its option of extending the probationary period, it should actively take steps to do so and to inform the individual that the period is being extended before expiry of the original period.
Ms Przybylska commenced her employment with MT Ltd on 3 October 2005. Her contract stated that there was to be a probationary period of three months during which either party could terminate on one week's notice; thereafter three months' notice was required. The contract also gave MT Ltd the express right to extend the probationary period (and one week's notice) "where circumstances may not have allowed an objective assessment of your [Ms Przybylska's] performance to be made".
The probationary period ended on 2 January 2006 (a bank holiday). Ms Przybylska returned to work on 4 January 2006 but the company had not taken steps to extend her probationary period. A meeting was set up on 19 January 2006 to carry out Ms Przybylska's probationary review. After a further meeting on 31 January 2006 she was told her employment was to be terminated with one week's notice. Ms Przybylska argued that, as her probationary period had ended, she was entitled to three months' notice.
The Employment Tribunal ruled that there was an implied term in Ms Przybylska's contract that her probationary period would be extended until the employer indicated that it was over. As the probationary review was not carried out until 19 January, it was reasonable to assume that the probationary period (and the one week notice period) was still in effect. The Tribunal therefore determined that Ms Przybylska was only entitled to one week's notice.
The EAT overturned this decision on the basis that there was no need for such an implied term as there was an express term in the contract allowing MT Ltd to extend the probationary period if it so wished. As MT Ltd had neither dismissed Ms Przybylska nor exercised its right to extend the probationary period during the initial period, it had lost the right to terminate the contract on one week's notice. Ms Przybylska was therefore entitled to three months' notice.
This case serves as an important reminder to employers of the need to carefully monitor the performance of employees during their probationary period and to take prompt steps to address any concerns. Provided the contract allows for the period to be extended, this should be done in advance of the initial period ending. To avoid any oversights the safest course of action might be to provide in the contract that the probationary period continues until the employer confirms in writing that it has been successfully completed.
