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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 44909
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I started a new job on 11 July 2016. I had 3 months

Customer Question

I started a new job on 11 July 2016. I had 3 months probation. I'm assuming I passed, as theyve added me to the bonus scheme etc. Its a US startup not a big company. From what I read I am passed 3 months
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: UK
JA: What action has been taken so far? What's your ideal outcome?
Customer: Just confirming I am right in assuming I passed by default
JA: Anything else you want the lawyer to know before I connect you?
Customer: its has simple as that]
Submitted: 28 days ago.
Category: UK Law
Expert:  Ben Jones replied 28 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 28 days ago.

Has your employer advised you of a date to review your performance on?

Expert:  Ben Jones replied 28 days ago.

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 hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 28 days ago.
I will if you can confirm that is the same in my case as my contractual situation is that the company has done nothing on 11 October so I am now in a 3 month notice period .....
Expert:  Ben Jones replied 27 days ago.

yes correct - if the company has not taken steps to terminate your employment or extend your probationary period before the date it was due to be completed, then you would be assumed to have automatically passed it and the more favourable terms should apply from thereon. Hope this clarifies?

Expert:  Ben Jones replied 26 days ago.

My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered 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. Thank you