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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 44896
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I joined a company on 2 February this year. I had a 6 month

Customer Question

Hello, I joined a company on 2 February this year. I had a 6 month probationary period. They have just told me that they will be extending the probationary period by a further 2 months. This came out of the blues 1. This was two weeks after my probationary period ended and 2. The job that I agreed to do when I joined the company is something different to what I am expected to do. I have challenged this throughout my time there to no avail.
Submitted: 1 year ago.
Category: UK Employment Law
Customer: replied 1 year ago.
Can they 1. Extend a probationary period when my contract says nothing about extensions 2. Can they extend two weeks after my probationary period should have ended. 3. Be messing me around on a role which they are now insisting I do even though I declined that at interview. They then offered my something different which I accepted.
Customer: replied 1 year ago.
Also, the meeting had been set up in the diary as one of many bi monthly one to ones which had been set up. I was not aware that this was going to be a probation review meeting and I was not prepared at all.
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Did the contract say the probation could be extended?
Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
It simply states the notice period durin probation which is 4 weeks and moves to 3 months after the probation period ends.
Expert:  Ben Jones replied 1 year ago.
Hello, in order to extend your probationary period the employer would need to rely on some clause allowing this in the contract or some other agreement they have with you. The absence of any such contractual right would make any extension of the probation a breach of contract on the employer’s part.
In relation to the passing of the initial probationary period, the relevant case in these circumstances is that of Przybylska v Modus Telecom Limited.
There, the employee Miss Przybylska, was employed on a 3 month probationary period, which could have been extended by the employer. During the probation her employment could be terminated with a week’s notice, with a longer period applying once the probation was completed. She was on holiday when her probationary period expired and the employer had not yet taken steps to extend her probationary period. A couple of weeks later she was dismissed with just a week’s notice, as required during her probationary period.
She complained of breach of contract and the decision was that she should have been paid 3 months notice, which would have applied after the completion of her probationary period. The Tribunal said that the assessment on whether to confirm the completion of her probation or extend it should have taken place during the probationary period and if it wanted to the employer should have extended the probationary period before it was due to expire. Therefore, if the employer has not taken steps to extend the probation before it expires, it would be assumed that it has been successfully completed and the terms that would apply following successful completion would be the valid ones.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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