Late Probation Meeting

[DADKiwi]

Hello
I started my job on the 13th June and was due to have an end of probation meeting on the 19th Dec. This got moved with no explanation 12th Jan.
As nothing had been said I presumed I had passed probation.
At the late probation meeting today they informed me they were going to terminate my contract siting performance issues.
This came out of the blue and there had been no indication of performance concerns.
I am wanting to make a case to be paid 3 months notice (as opposed to 1 month offered).

Relevant Clauses follow

5. Probationary period

5.1 Your initial employment with the Company will be on the basis of a probationary period of 6 months. During that period, the Company may, at any time, terminate your employment by serving the requisite notice (refer to clause 11).

5.2 Your performance and suitability for continued employment will be reviewed throughout your probationary period and the Company reserves the right in its absolute discretion to extend the probationary period beyond the initial 6 months.

5.3 Your probationary period will only come to an end when you have been informed that you have successfully passed your probation in writing.5.4 During your probationary period, the organisation's disciplinary procedure need not be applied to you and you are not eligible for the additional benefits outlined in the Employee Handbook and Reward & Benefits booklet
12. Notice 12.1 Except in circumstances justifying summary dismissal, the following notice to terminate your employment will apply: Length of Service Written notice to be supplied Until the probation period is passed Employee: 4 weeks Employer: 1 week After the probation period has been passed 3 months from either party

Clauses 5.2. and 5.3 seem to be in conflict as far as I can see. Is it 6 months or is it whenever they want? I accept they can extend as per 5.2 but surely they have to tell me before the end of the 6 months. As of the 13th Dec I had to have been either on extended probation or passed.
I want to argue for 3 month notice now as they failed to inform me of an extension.

It need not be exactly six months. Have they reviewed you at all in the interim perhaps with a performance management plan to improve? Tbh you have few rights even beyond probation.

I don't see any conflict between 5.2 and 5.3. They can extend probation and your probation doesn't end until you've been given notice in writing that you have passed probation. They only have to give you 1 weeks' notice under 12.1. They are being generous in giving you 1 month. You can try asking for 3 months but I doubt you will get it.

The whole point here is that they didn't inform me of an extension to the 6 months.
There is not point exploring how they mismanaged the performance matters given I have less than 2 years.
they should have told me probation was to be extended past the 6 month point - they didn't.

There is nothing in the clauses you have posted that says they should tell you that your probation was being extended. It is clear from 5.3 that, although your probation was nominally 6 months, it doesn't actually end until you are informed in writing that you have successfully passed probation. It therefore should have been obvious that you were still in your probationary period.

Op
you're clearly grasping at straws here. I would take the one month and try and negotiate a reference.

Sorry op you've had no confirmation of your successful conclusion of probationary period you've got no grounds

As case law confirms - despite what 5.3 says my employer HAS to exercise its right to extend probation past 6 months before the end of the 6 month period.

They did not do this.

shepwedd.com/knowledge/extension-probationary-period-must-be-made-within-probationary-period

www.thompsonstradeunion.law/news/lelr/weekly-issue-31/out-on-probation

assets.publishing.service.gov.uk/media/59b2b40ded915d098adf4518/Mr_N_Azzimmaturo_v_Lets_Travel_Services_Ltd_3324595_2017_Full.pdf

In the cases to which you refer, the employer wanted to imply a term into the employment contract that extended the probation period without notice. Your contract, however, has a specific term stating that probation does not end until your employer informs you in writing that you have passed. That is a clear difference from these cases.