Question on probation period and dismissal

[Dunnock]

Hi,

I am hoping I can get some advice and would appreciate any offered.

I have been working full-time for a company since July 4th as a software developer (hours 8-4 Monday to Friday) and early on asked how long the probation period is to which I was told 2 months.

On the 26th September (Just shy of 3 weeks after probation should have ended) I received an email saying:


I am writing to inform you that your probation period with 'Employer Name' as been extended until 03/10/2023.

Your performance will be reviewed on 03/10/2023 & a decision will be made whether or not to extend it further.


I wondered if they are allowed to do this as I know this is just a way of trying to get rid of me without giving me notice (4 weeks).

The resaon I know this is because this company belongs to my ex-wife and although I have done nothing wrong (all my meetings regarding work progress have been positive with absolutely 0 complaints) on the 26th September (Sunday at around 20:45) her internet had gone down and she wanted to come to my house to use my internet for something work related even though she has an office. I said no because I was turning in for the evening and she sent a very anger fueled message informing me that she could no longer work with me (received after the email about probation extension)

I only add this part because I know the attempt at probation extension is personal rather than anything work related. I am happy to leave the employment I would just like 4 weeks notice to secure another position. Do I have a leg to stand on?

There have been no meetings relating to probation, only meetings discussing the project, what had been done and next steps.

Thanks in advance for any advice offered.

[ULA]

What does it state about your probationary period in your contract of employment and what process is there for any requirement to extend it if necessary?

[Dunnock]

Hi,

Thanks for the response.

There is no mention of probation in the contract at all.

I had to message the boss to ask what my probation period is to which she replied 2 months.

Under termination it says:

Termination

34. You or we can end your employment at any time by giving written notice of at least 4 weeks.
35. We may end your employment without letting any notice period run its course by making a payment equal to the
basic salary that would have been due during the unexpired notice period. We will also continue your contractual
benefits over the notice period that would have applied or pay you the amount that those benefits would have cost us
over the same period.
36. We can terminate your employment without notice or payment for your notice period:
if you commit any act or omission that we think is gross misconduct; or
if you seriously breach your employment obligations (including under this Agreement); or
if you do not have the right to work in the United Kingdom; or
in any other situation that we have said allows us to do this (including in this Agreement or any handbook or
written policy).

[ULA]

Potentially as there was no probationary period in your contract of employment, then the notice period applicable would be that as set out at clause 34 under termination.

In addition, even if there was a probationary period clause in your contract it would have to stipulate the right to extend probation periods which must be clearly set out in writing prior to the start of this extension period.

[Dunnock]

Thank you very much for your response. I thought it would be unfair to try and extend a probation period which has ended and is not set down in writing anywhere but wanted to hear it from someone more informed on the subject than myself

Thanks for your help. Would you be able to tell me what the best course of action to take would be bearing in mind they have also not paid me either for last month?

Thanks in advance.

[ULA]

I would write saying something along the lines of:

Further to your correspondence dated xxx [insert date] I have taken legal advice which confirms that as there was no probationary period set out in my contract of employment you cannot retrospectively put one in place. In any event, even if there had been a probationary period clause in my contract it would have to stipulate the right to extend the probationary period, which must be clearly set out in writing prior to the start of this extension period.

I would not mention notice at this point just see what the reaction is to the above.

When were you due to be paid? If you are past the contractual date for the payment of salary you can add in another sentence which says:

There is also the issue that I have not been paid my salary for xxx [insert period] in accordance with clause xxx [insert clause number] of my contract. Please can you confirm when this will be remedied. In the event that my salary payment is not forthcoming then this will be considered an unlawful deduction of wages, for which I would have a legitimate claim to make against the company, commencing with Early Conciliation via ACAS.

[Dunnock]

Wow, thank you very much for the response that is more than I had hoped for.

Many thanks

[ULA]

Your are welcome.

Hopefully it gets a positive result for you. Do let us know what the outcome is.

[Dunnock]

Hi,

An update in the sutuation.

I politely asked them if they were going to pay my wages for a last time before sending the email and they responded saying they were and they did an about turn on the probation side of things too.

Although I didn't send the letter, your advice was incredibly useful and will give me more confidence if anything like this happens again so thanks again for your help.

[ULA]

I am pleased to hear that things seemed to have been resolved without you having to send the emails I drafted.

Glad that the advice provided was useful to you.