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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 47917
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was recently working at a company, had a 3 month probation

Customer Question

Hi i was recently working at a company, had a 3 month probation period. at the end of my 3 month probation period i got told they would like to extend it for another 6 weeks (even though it was not in my contract and i said no to it 2 times). At the end of the suposed extended probation (which was missed by 1 day) they let me go with 1 weeks notice (even though my contract stated 1 month after probation). there was never any issue with me or my work during this whole period.
do i have grounds for wrongful dismissal?
Submitted: 2 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today.firstly can you tell me the nature of your work and were you given a reason for your dismissal please.
Customer: replied 2 years ago.
Hi, i was told i didnt fit into the company philosophy, but i this was just an excuse. i was a graphic designer for a mobile+accessories company.
Expert:  Ben Jones replied 2 years ago.
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you
Customer: replied 2 years ago.
ok many thanks, ***** ***** forward to your reply.just a little more information on the subject,I was having a relationship with one of the women in the office (it was not inappropriate as she want anything to do with my section of work neither did i report to her). My manager and the marketing manager both disagreed and on numarous times told me they didn't allow it in the office and they were not happy with it, which what i think the real reason was for it.But my main question is for the wrongful dismissal and what i can do next about it, i have a appeal meeting on wednesday which im going to argue my case at. (they also told me i was not aloud to bring any legal / representation to the appeal meeting again im pretty sure this isnt allowed, just wanted to check with you?many thanksBen
Expert:  Ben Jones replied 2 years ago.
OK thank you for that information.
Expert:  Ben Jones replied 2 years ago.
Thanks for your patience. 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.
So you do have the right to consider a wrongful dismissal claim as there was no right to extend the probation and also the extended period had passed with no confirmation or either pass or fail.
You can raise this at the appeal and if unsuccessful you could take the matter to the employment tribunal for your claim.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you