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I had been working in my position since 18 December 2019, and was sadly let go today (27 May). In my contract it states clearly my probation lasts for three months, however, I had not had a meeting about this, and had even asked my team leader who said that it is in the works. I was let go with one week notice, which I thought was very short. I am now wondering if the company shouldn't have been obliged to give me a longer notice period, especially considering the company had not given me the performance review I had expected and also asked for.

Here are the relevant points in my contract:

2.5 The first 3 months of the Employment will be a probationary period. During this period your performance and conduct will be monitored. At the end of the probationary period your performance will be reviewed and if found satisfactory your appointment will be confirmed.

13.1 You are entitled to receive not less than one week’s notice for each completed year of service up to a maximum of twelve week’s for twelve or more year’s service. You are obliged to give the company 3 calendar month notice of termination of service.

13.3 We reserve the right in our absolute discretion to pay you salary in lieu of notice.

Does this mean, regardless of my situation with probation, I was always in danger of being let go at a weeks notice? Or if I had worked with them next year, that they could let me go with only 2 weeks notice?

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    I read that as 1 week for 1 year, 2 weeks for 2 years, etc. You've been there less than a year and so would be entitled to 1 weeks notice. Did they give you a reason for terminating your employment?
    – fubar
    May 27, 2020 at 21:32
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    I was told that my performance is the reason, even though I had enquired about it and the end of March, when my probation was supposed to end. I was told my performance is good and that I don't have to worry. Last Friday I was told that the last 4 weeks have been really bad and that it needs to get better. But ultimately today I was told that my boss saw no way of keeping me on with the performance dip.
    – Sn1cki
    May 27, 2020 at 21:48

1 Answer 1

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Does this mean, regardless of my situation with probation, I was always in danger of being let go at a weeks notice?

Yup, that is what your contract states in no uncertain terms, and it's reflecting the statutory minimums for notice period in the UK as per https://www.gov.uk/redundancy-your-rights/notice-periods. The company can offer you more, but they cannot offer you less, so they are in the clear.

Or if I had worked with them next year, that they could let me go with only 2 weeks notice?

You would have to complete two years of service to qualify for two weeks. Essentially when you start your 3rd year with them, you qualify for the 2nd week.

A note for the future notice period is always negotiable, not just the pay and if it's an important factor for you make sure to get a contract that reflects that (if possible).

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    Thank you for your answer, I will definitely take this experience as a learning opportunity. I added a bit more information in a comment above.
    – Sn1cki
    May 27, 2020 at 21:49
  • @Sn1cki that compltely changes what the question is asking for, please open a separate question about the the performance, we will see if we can help. But you will need to go into a lot more detail than just this comment.
    – Tymoteusz Paul
    May 27, 2020 at 22:06
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    I understand, I will write down a more detailed post tomorrow specifically regarding the performance. Thank you for letting me know.
    – Sn1cki
    May 27, 2020 at 22:07
  • I may stand to be corrected, but after 2 years you are entitled to bring a claim to an employee tribunal. This offers somewhat better protection. This unfortunately does not apply to the OP, but I felt it worth mentioning - it's not only 2 weeks on the 3rd year
    – bytepusher
    May 27, 2020 at 22:40
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    @TymoteuszPaul in terms of unfair dismissal, the requirement is 2 years for recent employment - gov.uk/dismissal/what-to-do-if-youre-dismissed
    – user34687
    May 28, 2020 at 1:51

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