Company trying to enforce a notice period...

Angelicus_22 · 23-09-2014 10:30pm #1

Hi guys,

So, I've been working for a terrible company for 9 months, and today I got a new job that wants me to start in 2 weeks. I handed in my notice today and they are telling me they want me to work a 4 week notice period, the trouble is, I never recieved a permanent contract, so in essence I'm not permanent....

Basically when I started, in the interview I was told once I passed my probation my salary would be increased, however, having had little or no formal training I was thrown in at the deep end and my probation was extended by a further seven weeks as they said I wasn't good enough.

I signed a letter to agree to this, however we were so short staffed and so backed up and it was taking too much time to constantly review me each week that the probation stopped and that was it, I never signed anything to confirm I was a permanent employee. However during my probation I signed off each week on my appraisal.

So today, I'm told, it's just understood that I'm permanent, despite the actual wording in my contract being "provided a satisfactory standard is achieved and maintained, the employment will be confirmed"

Any advice and in the event I've made a huge balls up, what are the possible ramifications of me just leaving anyway.... thanks for any and all help.

gandalf · 23-09-2014 11:54pm

So I take that you haven't signed a formal job contract then? I am surprised that you took the job without signing some form of contract. I certainly wouldn't join a company without signing one.

If not then the legal minimum notice period is one week. However I doubt you could reliably use that company as a reference if you did decide to walk away.

What I would suggest if there is no written signed contract is to say that the minimum statutory notice period is one week but you will work the two to help them out.

Angelicus_22 · 24-09-2014 12:00am

I signed a contract at the start, but It stipulated that once I was made permanent it would be confirmed, I'll be walking away regardless, I'm just seeing if anyone knows of any potential ramifications, I probably will lose a few days holiday pay which is grand and maybe have to pay back some holiday money, again fine.

gandalf · 24-09-2014 12:13am

Well if your probation period and extension have elapsed then it is normally a given that you are permanent. Double check your copy of the contract you signed, it should list the required notice in there.

Ging Ging · 24-09-2014 12:30am

If the company wanted to let the OP go then they would surely seize on the fact he/she hasn't had permanent employment status confirmed by them. Therefore the OP is within their rights in my opinion to do similar.
If no minimum notice is stated in the only contract the OP has signed then surely the legal minimum applies.
Negative side effects could be some bad blood and negativity surrounding leaving which could potentially influence future employers checking employment history. Try to minimise the burning of bridges when leaving.

MouseTail · 24-09-2014 9:43am

Is is unreasonable of the new job to expect you to start in 2 weeks. Most people are obliged to give a months notice. I would negotiate with new job before burning bridges with current job.

tenifan · 24-09-2014 12:58pm

Regardless of all that "I don't know if I'm permanent, they didn't give me a payrise or make it official".. I'm sure you know you have to give them notice.
I had a horrible job before and flat out refused to work the full notice period, simply because the conditions were not acceptable to me. Fortunately, it didn't come back to bite me in the ass as my new employer did not request a reference from them.

Faolchu · 24-09-2014 4:47pm

your notice period is what ever is stated in the initial contract you sgned because you did not sign a further contract after this. If that contract has no notice period in it and doesnt refer to a company procedure/manual stating same then you could argue that the statuatory is all you're obliged to give.

As for the not made permenant, the extension of your probation has expired as such it can be assumed you are now no longer on probabtion expecially if its more than a day or two after its expiry.

check your original contract, if its says 4 weeks thats what you need to give. if that is the case speak to your new employer and explain the situation to them. most expect to wait 4 weeks for a new hire unless of course thats why they selected you over a different candidate.

Th3B1tcH · 24-09-2014 10:08pm

General notice unless contract says otherwise
Duration of employment Minimum Notice
13 weeks to 2 years 1 week
2 years to 5 years 2 weeks
5 years to 10 years 4 weeks
10 years to 15 years 6 weeks
15 years or more 8 weeks

Also by law you should have a copy of your contract

Company trying to enforce a notice period...

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