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Hi, I have exactly the same question as previously asked

Resolved Question:

Hi, I have exactly the same question as previously asked by somebody else here: http://www.justanswer.com/uk-employment-law/4opi3-unsatisfactory-month-probation-review-working.html And i received a letter of extending my probation 1 month after my six months probation period. In case case shall I sign the letter? and what's the implication of signing? Thank you.


 


If you need more detail please find below:


 


I am writing to you seeking assessment regarding my recent experience with my current employer, which I feel is a similar case I came across during my research in case law Przybylska v Modus Telecom Limited, UKEAT/0566/06/CEA


 


I am employed by a company providing corporate advisory services since 17th Sep 2012 and my contract entitled me to a probation period of six months, within which the company has the right to extend. However, I received no written notification or review of my performance during the six months. After seven months into this employment, I was told that my probation period will be extended by three months, calculated from the end of six months. I was sent a letter of extending the probation period for me to sign.


Hence I would like to understand what is my legal right in this situation, and what are the implications if I sign the extension of probation letter?


And if the firm decide to dismiss me, can I bring up a case similar to 4-375-8115?


Please let me know if I'd be benefit from a follow up appointment.  


Thank you very much for your help on this


 


 

Submitted: 1 year ago.
Category: UK Employment Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,

The other cases were to do with breach of contract.

As you have less than 2 years service, you would not be able to bring an unfair dismissal claim in the tribunal.

It is up to you whether or not you sign the extension letter, you cannot be forced to sign the letter. If you sign it, you agree to the retroactive extension, if you do not sign it, you do not agree to the extension in which case you can argue that your probationary period is now over as 6 months passed since you commenced work (you need to read the precise wording of your contract).

Hope this helps. Please leave feedback, we can continue if need be



Customer: replied 1 year ago.
From you experience can I negotiate a notice period of three months instead of one months as specified in my original contract ?
Also in the extension letter it mentioned a formal review in June 2013. Does that mean they cannot terminate my employment before that?
Thanks
Expert:  UKSolicitorJA replied 1 year ago.
Hello,

You may try but they may stick to the one month notice I am afraid.

No, that does not mean that they cannot terminate your employment before June 2013.

All the best -please leave feedback

UKSolicitorJA, Solicitor
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