Probation period not extended

A probationary period of employment was not extended by a performance review that took place after it had ended, the Employment Appeal Tribunal (EAT) has said.

Although Miss Przybylska's probationary period expired on 2 January, her probationary review meeting did not take place until 19 January, at which point her employer said her performance was unsatisfactory. At a second meeting two weeks later, her employment was terminated with one week's notice on the grounds that she had not successfully completed her probationary period.

The EAT said there was no implication that Przybylska's probation had been extended; the employer had a specific right to extend probation, but had chosen not to. And the EAT refused to accept the employer's argument that, because Przybylska was already aware of performance issues with her work, there was an implication that the probationary period had not been completed. She was therefore entitled to three months' notice instead of the week that applied during the probationary period.

Przybylska v Modus Telecom Ltd EAT/0566/06