Probation period extention
Discussion
Hello All,
My contract of employment states there is a 3 months probation period, either party can terminate the contract with a one month notice. There is no mention of extensions to the probation period. It also states that after the probation a 3 months notice is to be given to terminate employment by either parties.
My former employer extended my probation then on the 4th month terminated my contract when they found out my CV was on Monster (not the reason given by the employer). They have offered me one months notice and £5k to sign a compromise agreement.
I am saying they should offer me 3 months notice rather than the one month. They forced the extension on me and it is not something I had choice over.
Do I have any grounds?
Cheers
LP
My contract of employment states there is a 3 months probation period, either party can terminate the contract with a one month notice. There is no mention of extensions to the probation period. It also states that after the probation a 3 months notice is to be given to terminate employment by either parties.
My former employer extended my probation then on the 4th month terminated my contract when they found out my CV was on Monster (not the reason given by the employer). They have offered me one months notice and £5k to sign a compromise agreement.
I am saying they should offer me 3 months notice rather than the one month. They forced the extension on me and it is not something I had choice over.
Do I have any grounds?
Cheers
LP
Lostprophet said:
Hello All,
My contract of employment states there is a 3 months probation period, either party can terminate the contract with a one month notice. There is no mention of extensions to the probation period. It also states that after the probation a 3 months notice is to be given to terminate employment by either parties.
My former employer extended my probation then on the 4th month terminated my contract when they found out my CV was on Monster (not the reason given by the employer). They have offered me one months notice and £5k to sign a compromise agreement.
I am saying they should offer me 3 months notice rather than the one month. They forced the extension on me and it is not something I had choice over.
Do I have any grounds?
Cheers
LP
I don't know about grounds, but it sounds like an unfair contract term to me to move the probation period; contract changes need to be by agreement, not just foisted down on you.My contract of employment states there is a 3 months probation period, either party can terminate the contract with a one month notice. There is no mention of extensions to the probation period. It also states that after the probation a 3 months notice is to be given to terminate employment by either parties.
My former employer extended my probation then on the 4th month terminated my contract when they found out my CV was on Monster (not the reason given by the employer). They have offered me one months notice and £5k to sign a compromise agreement.
I am saying they should offer me 3 months notice rather than the one month. They forced the extension on me and it is not something I had choice over.
Do I have any grounds?
Cheers
LP
Pragmatically I'd be looking for the 3 months salary as the compromise amount?
Try calling ACAS free advice line as well.
The purpose of a probation period is for each party to assess the suitability of the other. If this cannot be done within the specified time, then either the probation is extend or the contract is ended.
Either way, if the company extends the probation, they are obligated to explain why.
The conditions that apply to the original probation period would then be carried over to any extended period.
If the company took you on knowing that they would only need you for 4 months but failed to tell you this - and you can prove it - then you may have a case. Equally, if no reason for the extension was given, then you may have a case too.
All things considered though, it will probably cost a fair chunk of the £5k compo with no guarantee of remidy so best advise is to take the money and move on.
Either way, if the company extends the probation, they are obligated to explain why.
The conditions that apply to the original probation period would then be carried over to any extended period.
If the company took you on knowing that they would only need you for 4 months but failed to tell you this - and you can prove it - then you may have a case. Equally, if no reason for the extension was given, then you may have a case too.
All things considered though, it will probably cost a fair chunk of the £5k compo with no guarantee of remidy so best advise is to take the money and move on.
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