Work probation periods

Maccapacca

Maccapacca

Maccapacca

Tea Drinker
Don
Joined
13 Apr 2010
Posts
18,472
Location
Sunny Sussex
Hello there GD :)

I'm currently in my seventh month of a new job with a probationary period of six months I'm supposed to have a six month meeting with my Commercial Director who at the moment is flat out negotiating another project, I know that if I walked in there he'd sit down right then and there and complete it with me, he's more than happy with what I'm doing day to day.

Within the probationary period I'm on a weeks notice, after acceptance, a month.

They haven't written to me to confirm my probation is over and it suits me to remain on a weeks notice for the immediate future.

Is this correct that I am still on a week till they write to me confirming I've passed my probation?

Ta
 
I'm not sure there is any legality either way with this.

My starting contract said that I was on a 3 month probation period. Not had anything stating that I passed that successfully etc. I've now been in my role 7th month now, I've just taken it that my first 3 months were a success and that I'm a fully fledged employee now :)
 
As far as I'm aware they are almost meaningless. You can legally be dismissed at any time within your first year for no reason with a weeks notice.
 
Some companies have strictly enforced probation periods, others don't bother as they know they can get rid of staff with short service quite easily, although an employer can't do so on grounds that may be discriminatory. I wouldn't sweat it unless you have a reason to be concerned. If you are going to bring it up, pick a time when your boss is in a good mood and not under pressure to do something else.

I'll copy some info from a post I made recently in response to a question about someone's girlfriend getting sacked:

Unfortunately UK employment law is pretty weak, especially if you don't meet the current 2 year qualifying period for service commencing since 6 April 2012.

However, there are some exceptions where you don't need the qualifying service period. For example if she can demonstrate that the dismissal was really due to discrimination (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation), whistleblowing, trade union or health and safety activity or asserting a statutory right.

Disclaimer: IANAL
 
Contract just talks about a week a then a month and the process including deferring and lengthening probation.

It really suits me to be on a week I want to be gone in a week if all goes well.
 
maccapacca said:
Contract just talks about a week a then a month and the process including deferring and lengthening probation.

It really suits me to be on a week I want to be gone in a week if all goes well.
Click to expand...

Ah, that's a different issue entirely if you want to stay on your probationary terms for an exit plan. It will depend on what you have signed, but I would think most companies are unlikely to pursue you for not working your full notice period.
 
Last edited:
I personally wouldn't be happy unless I had it in writing from HR that I had passed my probationary period, but it depends on the size of the company and how things are.

However in your case, if there's nothing official then I don't know where you might stand, the director would have had to advise HR of your probationary period.
 
Mr Badger said:
I would think most companies are unlikely to pursue you for not working your full notice period.
Click to expand...

Sounds about right to me given the ambiguity and fact you've only been there 7 months anyway. I'd double check the contract nonetheless to make sure there is nothing inferred about it moving to a 1 month notice period after x months (rather than explicitly based on a formal confirmation that the probationary period has ended), unless probation is deferred/lengthened.
 
MickeyFinns said:
As far as I'm aware they are almost meaningless. You can legally be dismissed at any time within your first year for no reason with a weeks notice.
Click to expand...

Sounds dubious... not the being dismissed at any time but the weeks notice... if you've passed your probationary period and are now supposedly (at least according to your contract) on 1 month's notice then how can you be dismissed with 1 weeks notice?
 
dowie said:
Sounds dubious... not the being dismissed at any time but the weeks notice... if you've passed your probationary period and are now supposedly (at least according to your contract) on 1 month's notice then how can you be dismissed with 1 weeks notice?
Click to expand...

As I pointed out in my post in this thread, you now have very limited protection under employment law in the UK until you have 2 years of service with an employer. So if a company does dismiss such an employee, or fails to give them their contractual notice, there may be very little they can legally do about it except under certain specific circumstances.

However, I think the OP is more interested in avoiding having to give his employer a month of notice if he decides to leave.
 
MickeyFinns said:
As far as I'm aware they are almost meaningless. You can legally be dismissed at any time within your first year for no reason with a weeks notice.
Click to expand...

It's 2 years and your notice period is determined by your contract but would typically be 1 month after any probationary period.
 
Mr Badger said:
As I pointed out in my post in this thread, you now have very limited protection under employment law in the UK until you have 2 years of service with an employer. So if a company does dismiss such an employee, or fails to give them their contractual notice, there may be very little they can legally do about it except under certain specific circumstances.

However, I think the OP is more interested in avoiding having to give his employer a month of notice if he decides to leave.
Click to expand...

And its the notice period I was questioning when quoting the other post... I understand that employees have limited rights in that period - I'm not aware of a contractual notice period being void at the whim of the employer though?
 
Last edited:
dowie said:
Sounds dubious... not the being dismissed at any time but the weeks notice... if you've passed your probationary period and are now supposedly (at least according to your contract) on 1 month's notice then how can you be dismissed with 1 weeks notice?
Click to expand...

It's due to the complications where statutory law takes precedence over contract law, although I guess in employment contracts it's all setup in favour of the employer.

Maybe I'm getting mixed up as obviously you can't sign away your statutory rights but maybe an employer does sign away their minimum obligation in a contract.
 
I think you might well be getting mixed up - it doesn't make sense that your contracted notice period becomes void at the whim of an employer regardless of their ability to get rid of you relatively easily still.
 
You must log in or register to reply here.
Back
Top Bottom