Probation being extended - 3 months after

[Rb777]

Hi

My husband is having a work issue. He works for a reputable company and in his contract he is under probation for 6 months.

He joined the company in October 2023 and he was on probation for 6 months. He performed well during this month and no issues were raised. He was never told about any performance issues during that 6 months and he just assumed he passed his probation as they never told him officially via letter.

Fast forward to the present day, he called in sick last week with norovirus. When he returned to work, he was told his probation has been extended for another 3 months.

Can they do this as his probation ended in April 2024, and there was no communication and now after 3 months of his probation ended, they've suddenly extending it for 3 months when there has been no performance reviews or concerns raised during the 6 months of his actual probation. Unfortunately he never queried with them about formally passing probation as he thought it's happened automatically as no issues were raised.

Please can anyone assist as his hoping to appeal to them.

Thank you

Has he been absent through illness previously since he started? Would there be any reason for his employer to doubt he was genuinely ill, e.g being refused leave or being seen out and about with a contagious illness.

Being pragmatic, probation doesn't have any legal standing and he has very few employment rights in his first 2 years.

If they want to dismiss him in the first two years, they can do that for any non-discriminatory reason (as legally defined) without needing to follow a process - regardless of whether he has or has not passed probation.

It sounds like the employer may not have handled it well, but he didn't query it either. If they've done this because they're considering dismissal then getting into a dispute over it won't achieve much.

Is his notice period shorter in his probation period?

I think it would be wise to start looking for a new job really.

It’s unlikely he’s having another probation period but may be supervision or something. As PP said, I’d be looking for a new job.

They are obviously not happy that he’s gone sick already, and even norovirus no one believes.

Within 2 years, they can let him go without reason.

If they don’t inform an employee that they haven’t passed probation, by default they have passed. They can’t come along several months later and extend. It’s true that it’s not difficult to terminate employment within two years but whether someone is in their probation period or not can impact the notice period and eligibility for certain employee benefits so it’s not irrelevant. Someone who is not likely to pass probation should also be aware of this through reviews during the probation period as well, so a sudden failure with no prior discussion can be appealed. One period of absence with a contagious viral illness shouldn’t be a deal breaker if performance and attendance is otherwise acceptable.