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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 46182
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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M a Company Director, my original contract stated three

Customer Question

m a Company Director, my original contract stated three months probation. That was extended in writing over my summer holidays with no prior notice to six months. I had no review or written objectives over the first three months or since.
Im now a week away from my six month period and my probation meeting next week with my MD has been cancelled.
I have no formal 1-2-1 over the six months and no written objectives nor targets.
The question is if the MD does not do my review until after the 6 month period (end of next week) can I assume that I have automatically passed the probation period.
The reason for the question is that I think they will try and fail my probation for financial reasons, and I will go on to six months notice as of the end of next week, and therefore will be a six month financial commitment.
Please advise.
Chris Bowen
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

What do you mean by financial reasons?

Customer: replied 1 year ago.
They are looking to take costs out of the business, and a board salary would go a long way.
Customer: replied 1 year ago.
Sorry whats the next step no interaction for over an hour?
Expert:  Ben Jones replied 1 year ago.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

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.