Notice period after probation has ended.

vincentdublin

Hi

if your Employer let you go at the 11 months, As I have passed the probation period. How long is the notice period? thanks vincent

Irish_Elect_Eng

Per your contract.

If not in your contract

Normally one Pay period.

Nody

Irish_Elect_Eng wrote: »

Per your contract.

If not in your contract

Normally one Pay period.

Pay period has nothing to do with notice period; it only happens that it is sometimes aligned; nothing else.

In your case the nocei period is 1 week unless contract has a longer notice period (contract always trumps minimum notice period but has to be equal to or longer). Exact table can be found here.

vincentdublin

In the contract it's written one month notice. But they gave me only one week notice. what can I do in this case? Vincent

Nody

vincentdublin wrote: »

In the contract it's written one month notice. But they gave me only one week notice. what can I do in this case? Vincent

Speak with a solicitor.

edellc

you can speak to a solicitor all you want but tbh been there done that and as you have been there less than a year there is nothing that can be done, not nice and completely unfair but thats the way it works

Op I wouldnt be doing anything as i said I did and I now have a whole year deleted from my cv as it causes bad blood and no reference and if and when you go for another interview what do you say?? and what will be said if you give this company as a reference yet pre sue them with a solicitor???

I know you must be angry and totally pissed off ( I was) but think of the long game, and getting that good reference needed to secure further employement

best of luck with it all

peace and love OP x

Newaglish

edellc wrote: »

you can speak to a solicitor all you want but tbh been there done that and as you have been there less than a year there is nothing that can be done, not nice and completely unfair but thats the way it works

That's not strictly true, they would have a reasonable case against the employer in the EAT/LRC on the basis that they should be paid for the three weeks in lieu of notice if it's in their contract. I think perhaps you're confusing the issue with unfair dismissal.

mickoneill30

Maybe speak to NERA first.
This mentions nothing about contracts but it has some minimum periods and a procedure if you want to make a complaint.
http://www.employmentrights.ie/en/informationforemployers/minimumnotice/

Edit: This link has more info.
http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/losing_your_job/losing_job_entitlements.html

While the notice entitlements under your contract of employment can exceed the minimim periods above, any provision for notice in your contract for less then the above is invalid. This essentially means that while your contract of employment can set down that you will receive a greater amount of notice than the law states above, if your contract states that you will get less than the law provides, then this part of your contract has no effect. The law however does not preclude your employer or you waiving your rights to the legally specified notice period. The law also does not preclude you accepting payment in lieu of notice, if you wish.

edellc

Newaglish wrote: »

That's not strictly true, they would have a reasonable case against the employer in the EAT/LRC on the basis that they should be paid for the three weeks in lieu of notice if it's in their contract. I think perhaps you're confusing the issue with unfair dismissal.

No I am not, please do not tell me what I am and am not confusing.

I went through this process this is what happened to me I am not delusional nor making it up nor getting confused.

As I said think of the long game is it worth going through a solicitor for three weeks pay and risking a bad reference or a gap of a year on your cv, I think not.

Newaglish

edellc wrote: »

No I am not, please do not tell me what I am and am not confusing.

I went through this process this is what happened to me I am not delusional nor making it up nor getting confused.

As I said think of the long game is it worth going through a solicitor for three weeks pay and risking a bad reference or a gap of a year on your cv, I think not.

If they have been there a year they're entitled to minimum notice of at least 1 week at a minimum and their contract entitles them to a full month. I've worked with employment law for about four years now, I've been to the EAT more times than I can count and I can't figure out what you're getting at below. Could you explain? Above you suggest that the OP can get their three weeks pay but in your earlier post you suggested that it wasn't possible - a point I wanted to clarify.

edellc wrote: »

you can speak to a solicitor all you want but tbh been there done that and as you have been there less than a year there is nothing that can be done, not nice and completely unfair but thats the way it works

edellc

I never suggested they can get there 3week pay??? what are you reading

yes they have a case if they are there over a year, but READ THE POST the OP was not there a year so therefore can not bring a case

how did you work in employment law if you cant take in what is being written

Nody

edellc wrote: »

I never suggested they can get there 3week pay??? what are you reading

yes they have a case if they are there over a year, but READ THE POST the OP was not there a year so therefore can not bring a case

how did you work in employment law if you cant take in what is being written

You appear to be confused; the OP has a contract stating one month's notice. This contract would trump the statutory minimum notice period (and I'll assume it's not a one way contract as those are quite rare). This is the basics of the law itself...

Newaglish

edellc wrote: »

I never suggested they can get there 3week pay??? what are you reading

yes they have a case if they are there over a year, but READ THE POST the OP was not there a year so therefore can not bring a case

how did you work in employment law if you cant take in what is being written

Can you explain why it matters if they have been there over a year or not? Because it doesn't affect their notice in this case.