UPDATED INFORMATION FOR CHAPTER 24:
VOLUNTARY SECTOR LEGAL HANDBOOK
This page contains information that has appeared on Sandy Adirondack's legal update website for voluntary organisations at www.sandy-a.co.uk/legal.htm. For current updates, including potential changes that are in the pipeline, see the legal update website.
These websites for each chapter update
the 2nd edition of The Voluntary Sector Legal Handbook by Sandy Adirondack and James Sinclair Taylor (Directory of Social Change, 2001). The websites are not intended as a comprehensive update and should not be treated as such.
To order a copy of The Voluntary Sector Legal Handbook, print out the order form at www.sandy-a.co.uk/bookserv.htm or send an email order by clicking
. It costs £50 for voluntary organisations or £80 for others, plus 10% p&p. We expect the third edition to be published in 2007.
The information here covers the law applicable to England and Wales. It may not apply in Northern Ireland and/or Scotland. These news items are not a full or definitive statement of the law and are not intended as a substitute for professional legal advice. No responsibility for loss occasioned as a result of any person acting or refraining from acting can be taken by the author.
Chapter 24
MODEL CONTRACT OF EMPLOYMENT
Please note that the model contract in The Voluntary Sector Legal Handbook is not up to date. It should not be used without taking professional advice.
EXTENDING A PROBATIONARY PERIOD
Added 21/7/07. This information updates s.24.31 in The Voluntary Sector Legal Handbook 2nd edition.
A probationary period is not a statutory right, and any terms relating to the probationary period (such as either side being able to terminate with shorter notice than would otherwise be required) are purely contractual. There is no right to extend a probationary period unless this is included in the contract.
In a decision on 6 February 2007, the Employment Appeal Tribunal confirmed that where there is a right to extend the probationary period this must be done before the period has expired.
In this case the employee was entitled to one week's notice of dismissal during the probationary period, which went up to three months after the probationary period. The employer had the right to extend the period but did not even set up the probationary review until after it had ended, and then dismissed the employee. The EAT said there is no implied (implicit) extension just because the employer did not carry out a probationary review before the end of the period, or did not tell the employee whether or not the probationary period had been successfully completed. The employee was therefore entitled to three months' notice.
The decision in Przybylska v Modus Telecom Ltd is at www.bailii.org/uk/cases/UKEAT/2007/0566_06_0602.html.
Go back to contents
Go to archived items about contracts of employment (VSLH chapter 24)
ACAS GUIDE TO PRODUCING A STAFF HANDBOOK
Added 30/4/07.
ACAS published on 24 April 2007 a new guide on producing a staff handbook. It contains practical advice on how to write a handbook, checklists to help you to identify and review your existing employment policies, example sections which you can customise for your own use, and sources of further information. It also looks at what information should be placed on an organisation's intranet site.
The guide is at www.acas.org.uk/index.aspx?articleid=1263.
EXTENDING A PROBATIONARY PERIOD
Added 21/7/07. This information updates s.24.31 in The Voluntary Sector Legal Handbook 2nd edition.
A probationary period is not a statutory right, and any terms relating to the probationary period (such as either side being able to terminate with shorter notice than would otherwise be required) are purely contractual. There is no right to extend a probationary period unless this is included in the contract.
In a decision on 6 February 2007, the Employment Appeal Tribunal confirmed that where there is a right to extend the probationary period this must be done before the period has expired.
In this case the employee was entitled to one week's notice of dismissal during the probationary period, which went up to three months after the probationary period. The employer had the right to extend the period but did not even set up the probationary review until after it had ended, and then dismissed the employee. The EAT said there is no implied (implicit) extension just because the employer did not carry out a probationary review before the end of the period, or did not tell the employee whether or not the probationary period had been successfully completed. The employee was therefore entitled to three months' notice.
The decision in Przybylska v Modus Telecom Ltd is at www.bailii.org/uk/cases/UKEAT/2007/0566_06_0602.html.
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