What happens at the end of a probation period with no review

[clarkey]

What happens if no formal review takes place at the end of a probation period?

Take the following example. The employee is on 1 week notice for a three month probation period. At the end of the probation period, this extends to three months. If no review has taken place during the probation period (formal or informal) is the probation period assumed to have ended at three months employment?

Thanks!

[rog007]

Not 100% sure; are you saying first 3-month probation ended with no interview and then extended by a further 3 months? If so, assuming one agreed to it and the existing terms, i.e. 1-week's notice, then that's how I would see it. Each organisation is different but I'm not sure the termination would have to be based upon a review; they could just let you go. I hope I've interpreted your query correctly?

[eybic]

It's a tricky one and can be viewed one of two ways.

You're still there so it is taken that you have passed your probation

You haven't been told that you've passed so you are still only obliged to give 1 weeks notice etc.

I used the second of my examples to my advantage in previous employment.

Probation periods are very murky ground.

[clarkey]

I'm saying that its not been mentioned either way! My assumption would be that it's now 3 months notice, rather than 1 week?
I think my question is does the probationary period end automatically if it is not extended by the employer?

[Rude-boy]

NOT legal advice but I had this (6months prob.) when i started many years ago and when i broached the point after being here about 12 months the answer was "Oh Gad yes, very much so or you would have heard long ago..."

The Mrs also had this a few years ago. She dropped it into an e-mail to her line manager along the lines of "By the way can you just confirm that the position about the probation period as I think that this expired a few weeks ago but HR haven't said anything to me about it." She had a reply within 10 minutes confirming passed with flying colours and that the manager would make sure HR put a note in her file accordingly. There is a print out of that e-mail about in her papers for that job if it should ever be needed.

Just a couple of practical examples.

[daemon]

clarkey said:

I'm saying that its not been mentioned either way! My assumption would be that it's now 3 months notice, rather than 1 week?
I think my question is does the probationary period end automatically if it is not extended by the employer?

Yes, it ends automatically if not extended, even if theres no "end of probation review".

You seem to be concerned about the notice period most?

Are you thinking of leaving?

[clarkey]

daemon said:

Yes, it ends automatically if not extended, even if theres no "end of probation review".

You seem to be concerned about the notice period most?

Are you thinking of leaving?

I'd rather not comment in public, you never know!!!!

[eybic]

I had a situation where I wanted to leave a job a few years ago, they weren't very good employers and staff were very much bottom of the pile. I played the "you didn't say I had passed so I only need to give you 1 week notice" card and there was nothing they could do about it. Their response was that if I hadn't have passed then I wouldn't still be there. I gave 3 weeks notice rather than 4,

I checked with ACAS and they advised that probation periods are a very grey area and you could take the fact I hadn't heard that I'd passed either way.

[daemon]

eybic said:

I had a situation where I wanted to leave a job a few years ago, they weren't very good employers and staff were very much bottom of the pile. I played the "you didn't say I had passed so I only need to give you 1 week notice" card and there was nothing they could do about it. Their response was that if I hadn't have passed then I wouldn't still be there. I gave 3 weeks notice rather than 4,

well, clearly there was something they could do about it - they renegotiated you up to 3 weeks

[eybic]

daemon said:

eybic said:

I had a situation where I wanted to leave a job a few years ago, they weren't very good employers and staff were very much bottom of the pile. I played the "you didn't say I had passed so I only need to give you 1 week notice" card and there was nothing they could do about it. Their response was that if I hadn't have passed then I wouldn't still be there. I gave 3 weeks notice rather than 4,

well, clearly there was something they could do about it - they renegotiated you up to 3 weeks

No, I wanted to start the new job on the 1st which was 3 weeks away so I said I only have to give you 1 week but I'm giving you 3 weeks.

[daemon]

eybic said:

daemon said:

eybic said:

I had a situation where I wanted to leave a job a few years ago, they weren't very good employers and staff were very much bottom of the pile. I played the "you didn't say I had passed so I only need to give you 1 week notice" card and there was nothing they could do about it. Their response was that if I hadn't have passed then I wouldn't still be there. I gave 3 weeks notice rather than 4,

well, clearly there was something they could do about it - they renegotiated you up to 3 weeks

No, I wanted to start the new job on the 1st which was 3 weeks away so I said I only have to give you 1 week but I'm giving you 3 weeks.

Most employers will try to work with an employee to facilitate a particular leaving date, particularly if they are relatively new and offering to work most of their contracted notice period anyway.

[phoenix34]

I started at a company on 6th February as a store manager and today without a review or anything told they were ending my probation I asked what was the reason and the decline to answer no mention off performance or anything like that no mention of not meeting contract just asked for my keys and asked me to leave I didn't get any warning or sat in a a review I had little training very poor didn't show me my job role at all within my first 3 weeks area manager step down so had no support just got on with it and managed the best I could with little from the company if I wasn't meeting their standards surly a review should have taken place or something but turn up at 3 today and by 3.10 I had no job is there anything I can do regarding this??? I was very shocked I had outstanding results in sales two weeks were slow but that down to retail sometimes still pushed for everything I could got great results in mystery shopper experience being 100% first this store ever got just had to work hard to train staff that had no experience and a store that was I a total mess on my arrival turned it all round for a result to be sorry you can leave now!!!!

[Countdown]

phoenix34 said:

is there anything I can do regarding this???

Nothing that would force them to give your job back.

You could try writing to your line manager or HR asking for feedback to avoid it happening again, perhaps.

[edc]

Your options are limited and even if the result is you staying, do you really want to when they don't want you? There could be a breach of contract or claim for wrongful dismissal but the claim value is negligible. If there is any discrimination involved then that might be another route to claim. The best advice though is to get your head down and get another job as quick as you can.

[ruggedscotty]

phoenix34 said:

I started at a company on 6th February as a store manager and today without a review or anything told they were ending my probation I asked what was the reason and the decline to answer no mention off performance or anything like that no mention of not meeting contract just asked for my keys and asked me to leave I didn't get any warning or sat in a a review I had little training very poor didn't show me my job role at all within my first 3 weeks area manager step down so had no support just got on with it and managed the best I could with little from the company if I wasn't meeting their standards surly a review should have taken place or something but turn up at 3 today and by 3.10 I had no job is there anything I can do regarding this??? I was very shocked I had outstanding results in sales two weeks were slow but that down to retail sometimes still pushed for everything I could got great results in mystery shopper experience being 100% first this store ever got just had to work hard to train staff that had no experience and a store that was I a total mess on my arrival turned it all round for a result to be sorry you can leave now!!!!

sadly this happens too much, you should be treated with dignity and given the opportunity to know your failings and where you need to improve, its a two way street, you should be able to voice your concerns and like wise they will voice any they have and support you to make any adjustment needed to fit in with them. This smacks of they didn't need you now but didn't know how to get rid of you so did this no backbone thing. You had a lucky escape if that's the way they treat staff.