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Notice period query

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  • 20-07-2015 10:46am
    #1
    Orion
    Closed Accounts Posts: 12,807 ✭✭✭✭


    For a friend:

    She is in a job where there is a lot of bullying going on. Some people are leaving apart from her due to this. She has got her old job back and wants to leave immediately.

    Her contract states she has probation for 3 months and is just over that. However she has received no communication or review that her probation period is over. Section of contract states that the company can give 1 week notice during probation but nothing about what she should give in that period. Only other section that applies is that 1 month must be given elsewhere in the contract.

    My reading of this is that she is still under probation as she has no comm that this has ended. If the company can give 1 week during probation then she can also. As her employment is between 13 weeks and two years then 1 week would be correct also in legislation.

    Am I correct in my understanding of this?


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    #2
    Mrs OBumble
    Registered Users Posts: 25,717 ✭✭✭✭Mrs OBumble


    AFAIK, probation ends at the time the contract says it will, unless it's specifically ended.

    So technically she will now be in the 1-month notice period.

    But she might just chance her arm and give 1 week's notice and see what they say. They may not actually complain.


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    #3
    duffman13
    Registered Users Posts: 8,946 ✭✭✭duffman13


    Mrs OBumble wrote: »
    AFAIK, probation ends at the time the contract says it will, unless it's specifically ended.

    So technically she will now be in the 1-month notice period.

    But she might just chance her arm and give 1 week's notice and see what they say. They may not actually complain.

    +1 on this. If probation is being extended you need formal notice that is happening. As advised above, get your friend to hand in notice and chance his/her arm.


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    #4
    Greenmachine
    Registered Users Posts: 5,063 ✭✭✭Greenmachine


    Mrs OBumble wrote: »
    AFAIK, probation ends at the time the contract says it will, unless it's specifically ended.

    So technically she will now be in the 1-month notice period.

    But she might just chance her arm and give 1 week's notice and see what they say. They may not actually complain.

    It there is bullying etc and it is a toxic environment, they would be getting the minimum of notice from me. If they try to persue, look into constructive dismissal.


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    #5
    Manach
    Moderators, Society & Culture Moderators Posts: 9,671 Mod ✭✭✭✭Manach


    Offhand I remember only one case where there was legal action on the employer's part on an employee leaving early. There might be some ill-feeling from the immediate managerial staff but given the toxic environment that the OP mentioned, the person in question might judge it worth while : life is too short.


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    #6
    Orion
    Closed Accounts Posts: 12,807 ✭✭✭✭Orion


    Mrs OBumble wrote: »
    AFAIK, probation ends at the time the contract says it will, unless it's specifically ended.

    So technically she will now be in the 1-month notice period.

    But she might just chance her arm and give 1 week's notice and see what they say. They may not actually complain.

    They are quoting the contract saying she has to stay for a month.

    The probation section sates "your performance will be monitored and reviewed". This review hasn't happened. In any job I've worked in probation is in place until you meet your manager, had this review and then you are made permanent.


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    #7
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    Seeing as she already has another job to go to, the fallout from leaving early is minimal.

    In general the notice period during probation only applies to the employer, not the employee. If it says a month, then her notice period is a month, but during and after probation.

    However, I would be very surprised if any employer made an employee stick to it when they haven't been there long. It's a question of how much value someone can really add in that extra time.

    I would suggest that she just comes straight out and says it, today. "I'm leaving and I would like to finish up on Friday". Then let them come back with a counter-offer or whatever. Some companies will delay and stall, so the earlier you do it the better, and then hound them for an answer.

    If they insist on the month, then you can just shrug your shoulders and say, "I'm not doing that". Their recourse is in reality very limited. The only two things they can do are give a poor reference and delay payment of outstanding wages. The former doesn't apply in this case, and the latter can be quickly sorted out with a phone call from Revenue or NERA.


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