Automatically permanent after length of probation

[CW1]

Hi,

My 6 months probation was up 14 September & haven't been able to arrange my review to know whether probation'll be extended or I'll be taken on permanently. Last I heard it would be the latter but my manager changes his mind on almost a daily basis so who knows !

It's been mentioned to me that probation can only ever be extended once, for maximum of 3 months. After that time they have to make a decison but if they don't, at some point you automatically become permanent.

Is that true, & how long do you have to have been working there - both 9 months & a year were mentioned.

Thanks

[factor-fiction]

I am not sure that the term 'on probation' has any significance in practice. An employer can dismiss an employee for almost any reason (other than on grounds such as gender or race) within the first 12 months. Having completed a probationary period doesn't give you any more rights than you had when on probation

[factor-fiction]

If your contract is temporary, though, and you want it to be made permanent, then that's a different issue. It's up to the employer whether they want to make a role temporary or permanent. I have been in roles that have been temporary for two years. However there is a limit to the number of times they can extend your temporary contract (no more than 3 times I think) and a limit to how long you can remain temporary but I'd need to check whether that is 2 years or 3 years

[CW1]

My contract isn't temporary, & aside from being that bit more vulnerable while on a probationary period, there are subtle differences to being a permanent employee.

A week's notice as opposed to a month.
The permanent guys seem to be going on courses, nothing's been mentioned to me - don't get me wrong, I'm really not bothered, they're won't help us do our job.
Guess the main one is not being paid sick leave. That wouldn't normally be a prob, I'm very stubborn when it comes to taking sick, but it might just become unavoidable sometime soon.

So, from your 1st answer factor, I'd surmise it's 12 months. Thanks !

[buildersmate]

You or Factor (or both of you) may be muddling 'probationary' and 'fixed-term'. To be honest the term 'temporary' contract has no real meaning because an employer can dismiss with notice any time within the first 12 months for any reason.

The period of 'probationary' can be extended by the employer. Again it doesn't help or hinder whether your employer has more rights to dismiss you or not. There is nothing in law that says your probationary period cannot be extended several times, but in all circumstances you end up with more protection (in terms of employment rights) once you have there for 12 months continuously.

You do have a 'permanent' contract, simply because your contract is not 'fixed-term'.

But since what you are concerned about relates to being offered sickness pay, you should press your employer for a review of your probationary status.

[factor-fiction]

I was unclear exactly what was being asked because original post talks about "whether probation'll be extended or I'll be taken on permanently" and "After that time they have to make a decision but if they don't, at some point you automatically become permanent."

Anyway, now we know that the terms and conditions become more favourable in terms of notice period etc when your probationary period is completed satisfactorily, I agree with what buildersmate says. The 12 month figure is a red-herring.