Okwu v Rise Community Action [2019]

The claimant had completed three months’ work for the Respondent and was informed that her probationary period would be extended by three months to allow for her suitability to be assessed.  This period of time is well short of the 2 year period of employment requirement to obtain the right not to be unfairly dismissed in England and Wales under Section 108 of the Employment Rights Act 1996 (1 year in Northern Ireland under Article 140 of the Employment Rights (NI) Order 1996).  

Shortly after the extension of the probationary period the claimant was dismissed for myriad issues, including unsatisfactory work performance and unacceptable conduct.   She argued that