Probation Period

[MakeAHouseAHome]

Can anyone confirm if you have to be explicitly told your probabtion period has ended? My contract stated my employment was subject to a 6 month probabation period (this will be up on 10th Dec). Do I have to be officially told my probation period is now up or is it just up unless I am told otherwise?

I don't think you do. If you pass the end of probation date without being told you've passed then you pass by default.

Depends on the exact wording of the contract.

If they don't mention anything, and the date passes then for the purposes of any contractual changes eg your notice period changing from 1 week either way to 4 weeks either way, then you can consider it passed.

To be honest, they can still decide to part company with minimal process even after that time, (up to 2 years when you get more meaningful protections) but then again so can you so it works both ways.

I'd want it confirmed, personally.

I have rarely received a confirmation of passing probationary period.

I'm jumping on this because a friend of mine recently changed jobs and has decided it's not for her for various reasons. Her probation was 3 months with a 2 week notice period and then once through probation is a month's notice period. She finished her probation before she handed in her month's notice, there was no communication about passing or not passing it, and the employer have tried to say that she hadn't passed her probation and so they will only pay her for 2 weeks. She does have a job to go to and is asking them if she can start early but it smacks of sharp practice to me (it's a gym and one of the reasons she is leaving is because she is not happy with some of the things like first aid provision and the like).

If you've already handed in your notice - can an employer try to dismiss you instead to pay less notice? I think not and that's what I've told her but I'm not an employment lawyer.

It's reasonable enough to assume that probation is passed unless you hear to the contrary, but regardless of whether probation has ended or not, if her employer claimed she had committed gross misconduct and dismissed her today with no notice at all, she wouldn't have much legal redress.

Technically she can try and claim they are in breach of contract by only allowing her two weeks notice rather than the one month but it's unlikely to be worth the hassle and court fees etc for two weeks pay. Sorry. It might be worth writing a strongly worded letter saying that as she will be holding herself willing and available to work for those 2 weeks as per the terms of the contract and unless she is paid for them she will be seeking legal advice (or similar) to claim breach of contract, just to see if it spooks them into complying?

It isn't great practice by the employer at all, when employees resign they can give more than their contractual notice if they like, and generally speaking the more notice the employee gives the better for the employer, gives them longer to recruit and train a replacement for instance. I've had people give me as much as a years' notice where they have firm plans that far in advance, e.g. to retire or to do full time study or similar - it allowed them and me more time to plan and greater certainty about the future. It would be bad for the system all round if somehow I'd tried scupper this by saying well you've resigned now, you need to leave in a month and not a day more!

So even if her employers do legitimately believe she is still on probation it's pretty rubbish to effectively try and sack her for the sake of 2 weeks (providing she is willing and able to work for the whole month of course and not expecting to be put on garden leave or similar).

Thanks maxelly, that's really useful. I did say the easiest option was probably to start the new job early so she wasn't worse off financially. On the plus side she will only have to put up with them for a few more days if she only works 2 weeks notice.

I wonder why some employers are just so horrible. I know they're annoyed because she's leaving so soon but they'd have got rid of her without blinking if they'd wanted to.

Just to update on this, my friend is able to start her new job early. Her current employer have put her on garden leave for the 2 weeks so she will enjoy some paid time off. A reasonable outcome.

Sorry to piggy back on your thread OP.