Probationary period myths busted

You’ve been offered a new job, but your new Employer has made you a conditional job offer that includes a probationary period for the first few months of your employment.

Probationions are often for the first 3 or 6 months of your new job and are used by your Employer to assess your performance and conduct during your early stages of employment, to make sure they are happy with your work.

However, probationary periods have no legal basis, so what do they actually mean? Here we give you the facts.

An important Employment Appeal Tribunal decision in 2007 (Przybylska v Modus Telecom Limited) found that where there is an express contractual right for the Employer to extend (or not) the probationary period, within the initial period timescale, and the Employer does not do this they lose their right to extend the probation. Therefore, the probationary period is completed by ‘default’ and the employee is therefore entitled to the notice periods that apply after the period (which are usually longer than those during the probationary period).

The brief details of the case are: Miss Przybylska was employed on a 3 month probationary basis from 3 October 2005. During this probation her employment could be terminated with a week’s notice and Modus reserved the right to extend the probationary period. Miss Przybylska was on holiday when her probationary period expired on 2nd January 2006 and Modus had not extended her probationary period when her holiday began. At the end of January 2006 she was dismissed with one weeks’s pay in lieu of notice. Read on…..

Tags: , , , , , ,

Sorry, the comment form is closed at this time.

The Human Resources Consultancy service for SME's in the UK creative industries

Nike LunarTempo 2 Mens Running Shoes Ocean Fog Photo Blue Black White Kobe Mentality 2 Mens Basketball Shoes Fierce Purple Black University Nike SB Koston 3 Hyperfeel Unisex Skateboarding Shoes Nike Lunar Sculpt WoMens Training Shoes Dark Grey Black Volt Nike LunarTempo 2 Mens Running Shoes Black Anthracite Nike Metcon 2 WoMens Training Shoes Nike Force Lunarbeast Pro TD Mens Football Cleat Nike Alpha Pro 2 3 4 TD LE 2 0 Mens Football Cleat White Black Nike Air Zoom Pegasus 32 Mens Running Shoes Nike Air Zoom Pegasus 32 Print Mens Running Shoes Nike Flyknit Air Max WoMens Running Shoes White Black Nike Roshe One WoMens Shoes Bright Mango White