The length of notice entitlement

[SusanKa]

Hi,


My issue is as follows:


My probation period is supposed to be 3 months with a possibility of extension. I started working in that company on 21^st November 2017. On 3^rd March 2018 my manager told me that he would like to extend my probation period for another month, however, he did not send me any written document confirming that he just told me in person without any writing.


5^th-9^th March I went on holidays. When I came back to work on 10^th March my manager told me that he decided to terminate my employment from this date (10^th March) and to give me one paid week which equals one week notice.



So I am thinking how long shall be my notice period, in my case 10^th March is over 3 months and I did not get any writing confirming the extension of probation? However, looking at some points in my contract (below) I am really confused.


My contract states as follows:

1. COMMENCEMENT OF EMPLOYMENT
   
   1.3 The first three months of your employment shall be a probationary period during which time the employment may be terminated by either party by giving a weeks' notice in writing to the other. During this probationary period, your performance and suitability for continued employment will be monitored.
   
   1.4 We may, at our discretion, extend this period for up to a further 3 months.
   
   1.5 At the end of your probationary period you will be informed in writing if you have successfully completed your probationary period.
2. CHANGING AND ENDING THE EMPLOYMENT
   
   2.1 We reserve the right to make reasonable changes to any of your terms of employment. You will be notified in writing of any change as soon as possible and in any event within one month of the change.
   
   2.2 Subject to successful completion of the probationary period, the amount of notice of termination of your employment you are entitled to receive from the employer is four weeks if the employment has been for over one month but less than two years,
   
   2.4 We may at our discretion terminate your employment without notice and make a payment of basic salary in lieu of notice.
   
   2.5 We shall be entitled to dismiss you at any time without notice or payment in lieu of notice if you commit a serious breach of your obligations as an employee, or if you cease to be entitled to work in the United Kingdom.

Please can you give me an advice?

Thanks

[ULA]

Clause 1.5 of your contract does state that you will be informed in writing if you have successful completed your probationary period. I assume that you had no correspondence on or around 21 February to confirm or inform you of extending your probationary period? Did you raise this fact with your employer at the time?

[SusanKa]

Clause 1.5 of your contract does state that you will be informed in writing if you have successfully completed your probationary period. I assume that you had no correspondence on or around 21 February to confirm or inform you of extending your probationary period? Did you raise this fact with your employer at the time?

Hi, thank you for your response. That is correct, no I have not. The first talking about it was on 3rd March when he told me he is intending to extend my probation and send me the writing about it, however, he did not send any writing to me. Then I went on holidays and when I came back on 10th March he told me he is terminating my employment. Then I am thinking which is correct one week notice or one month notice?

[ULA]

The general rule is that a probationary period will be deemed completed when it expires without either being extended or employment being terminated. However if the company has reserved their right to carry out a final review after the probationary period and they do so within a reasonable amount of time then this would be deemed to be ok.

From what you have said they do not seem to have reserved that right and they have left it 10 days after the end of your probationary period to even suggest that they are considering extending it. Just need to double check that the first you knew about the company having an issue was on 3 March?

[SusanKa]

The general rule is that a probationary period will be deemed completed when it expires without either being extended or employment being terminated. However if the company has reserved their right to carry out a final review after the probationary period and they do so within a reasonable amount of time then this would be deemed to be ok.

From what you have said they do not seem to have reserved that right and they have left it 10 days after the end of your probationary period to even suggest that they are considering extending it. Just need to double check that the first you knew about the company having an issue was on 3 March?

Correct, 3rd March was the first day when they told me that my probationary period is not completed and they want to extend it, however, there was no issue. They just wanted to extend it. They have NOT notified me with any writing about extending. Then I went on holidays and the first day I came back was 10th March and they told me they want to terminate my employment. Can they extend my probation on their discretion without notifying? Would you then recommend me to argue with them about one month of notice or would you leave it on that one week notice? Many thanks

[ULA]

The clause 1.4 gives them discretion to extend however good practice would say that this should be notified to you on or before the date of the end of your probationary period. Clause 1.5 states that you will be notified in writing if you have successfully completed your probationary period and 2.2 states that once successfully completed then your notice period will increase to four weeks.

If you wanted to try and push for the 4 weeks and use my point at #4 and say that since they did neither by 21 February, when your probationary period ended then, under the general rule your probationary period was complete and therefore you are entitled to 4 weeks notice. However be prepared that they may use clauses 1.4, 1.5. and 2.2 to justify a one week notice.

[SusanKa]

The clause 1.4 gives them discretion to extend however good practice would say that this should be notified to you on or before the date of the end of your probationary period. Clause 1.5 states that you will be notified in writing if you have successfully completed your probationary period and 2.2 states that once successfully completed then your notice period will increase to four weeks.

If you wanted to try and push for the 4 weeks and use my point at #4 and say that since they did neither by 21 February, when your probationary period ended then, under the general rule your probationary period was complete and therefore you are entitled to 4 weeks notice. However be prepared that they may use clauses 1.4, 1.5. and 2.2 to justify a one week notice.

Okay, many thanks for your advice.