Hi,My employment started on 10 Oct 2011 with 6 months probation, today my director called me to say he extends it due to interpersonal issues I've presented with an employee whereby I escalated the employee for not doing her work after unsuccessfully addressing with her, and also escalated her separately after openly bullying, embarrassing me in front of the office in an email to all employees. My director said the extension is for 3 months, and I might receive targets tho noted that requesting further clarification in written will have negative effect on my employment. When I asked what he means, he said he's not violating my rights but it's true due to human nature (?) - I've later received an email about the same noting this conversation was a review (there was no work related review during the conversation) and that my performance is to be reviewed monthly based on the targets set. When I asked for the targets on messenger, he said he has a delay but he might give later and that there are "no measurements".My questions:- Is it possible to extend probation on 10 April if the employment started on 10 October for 6 months (my contract reserves the right to extend for the employer but my understanding is that as of today I am not supposed to be on probation)- Are interpersonal issues a valid reason, especially witth no example provided to me?- Is a verbal threat like the above (to keep me from requesting written confirmation of issues and reason for this extension) of any value if I have to defend myself legally?- If I get fired in the next three months, do the probation or the employment details apply, especially regarding notice period?- What kind of proof I need if I need to defend myself in case they try to end my employment and I wish to challenge it?Thank you very much!
Province/Country relating to question: London Area
Just collecting information
Hello and thank you for your question, which I will be happy to assist you with. Please let me know if your original contract or any other document stated your probation could be extended?
Hi, thanks for the help. it is stated in the original contract
with the employment start date of 10 october 2011, original probation of 6 months
ok let me draft my answer please
sure, thank you
The probation period may still be extended, even today. To be honest, a probationary period is not entirely recognised in law because it is an internal process that is applied by the employer and does not give any extra/lesser rights to either party. The reasons for the extension are usually left to the employer and unless there is a specific list of what could result in an extension, the employer can use any reason they want.
In terms of potential termination, if you have been employed at your place of work for less than 12 months then your employment rights will be limited. Most importantly, you will not be protected against unfair dismissal. This essentially means that your employer can dismiss you for any reason, as long as its decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, holidays, for Trade Union activities, etc). In the event that the reason for dismissal was discriminatory, you can make a claim for discrimination in an employment tribunal as there is no minimum service required to claim, although you would need to provide some evidence to back up your claim.
As such you won't be able to challenge your dismissal unless it falls within one of the above mentioned exceptions.
ok thanks - so the law doesn't protect? may I ask why the probation can be extended today, eg. does this mean it can be done at any time during the first yr? thanks
not quite, but it is a fine line at this stage and an extra day or two won't make a difference, especially if you have not been told or it has not been indicated you have completed your probation.
in case my contract states that the probation automatically changes into permanent employment unless otherwise noted?
is that what your contract states?
it also states there'll be a review incl salary review
which did not happen - i been told o submit my review form which i did, and was supposed to receive a form about my performance which was never provided
then this call happened today, and the email says it was a review
but there was no work-related discussion
the whole topic came up after discussing an open item which is not related directly to my actual work
ok in that case you may have a case that the probation has been completed because technically it should have occurred yesterday. However that won't give you ant extra legal rights in terms of dismissal and the only rights you may get are what you would have been entitled to under contract by being a permanent employee
ok, I have not been dismissed yet tho I expect it and not due to poor work ethics, or commitment issues
but due the issues between me and another employee who bullied
and who I escalated for not doing her job
e.g. this director calls me into a meeting with her, where she agrees to do something, then she doesn't do it leaving me in a bad situation towards the customer (I am a project manager, she's support manager) and when I note it it's used to verify my incompetence and she's being defended.
my director hasn't provided me with specific examples today - the example I provided now is the latest of the happenings
ok that reason is irrelevant because in the first year of your employment you may be dismissed for it without having any recourse
please give me a couple minutes, I'm looking for the reference for review in my contract
it says this -
The Company reserves the right in borderline cases to extend the probationary period, in the hope that a further period will enable you to reach the required standard. A subsequent employment review will be held and a decision made. Your employment will then either be confirmed or terminated with the required notice.
ok doesn't change much
there's nothing else, besides that it may be extended either during or at the end of the probation period.
thank you for the answer and review
the main issue here is the day difference we discussed earlier but that won't help in terms of dismissal unfortunately
is it possible to ask another question from you? that's more of a family law I guess, or private debt where someone owes me
yes I realised
and the director threatened.... for the second time during the 6 months but I see there's not much to do about it besides to collect "evidence" to ensure I have it if needed
if it's an unrelated question then you have to post it as a new question I'm afraid
no worries.... can I post to your name now or are you planning to go offline shortly?
what exactly is the question about?
my former best friend (I considered her to be my best friend) lived in my home for five months, with me covering any expense she had incl food personal hygiene movies and dinners etc cos she agreed to pay me back - when it was time to pay me back she disappeared. indeed she was promising to look for rent etc for both of us as i was on a business trip and while on the trip she dropped on me she wont cos she thinks i shouldnt make her pay this amount back. she refuses any discussion re how she will pay, saying its cos i said i take her to small claims court if she doesnt, but i said it cos she didnt discuss before either... left me no other options. i have her agreeing to payment / amount / giving me her deadline of 25 january 2012 to pay etc from skype, and messages on my phone and facebook but she did not actually sign a paper that she owes me money. tho she acknowledged it
thats it really, i couldnt write what it is about shorter sorry
ok yes you can post it for my attention, I will deal with it now
i just copy the above w my questions, sorry
yes a copy is fine, thanks
Expert in UK Employment Law
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