Resigning within probation - 2 month notice period

5inarow

Hi all,
Interested in feedback on notice period after resigning within probation.

I started a new job a little under 4 months ago. While it has gone well and I enjoy working there a great job opportunity came my way a few weeks back through a former work colleague. The timing obviously wasn't great and I deliberated on whether I should apply but the opportunity was too good to pass on. Anyway after doing the interviews I've been offered the job.
So I told my manager after deciding to accept the job offer and handed in my resignation. While my current employers are very disappointed that I'm going so soon they understand my reason and the opportunity. Now comes the tricky part...they want me to work a 2 months notice period. While 2 months notice is stated in my contract I had thought that an exception could be made given I'm still within the 6 month probation period. My new employers are super keen that I start in 4 weeks. I've been very professional in my approach with my current employer and hoped we could come to an amicable compromise on the notice period but they're inclined not to budge.

I feel they are being unreasonable and taking advantage of my hard work ethic. 6 weeks into the job they asked me to take over another team after a manager resigned and I've been totally consumed by that role since, the previous person in the role was totally under appreciated and worked very long hours. I've highlighted the fact that the team is under resourced and has to deal with regional offices on both sides of the globe. The role I was originally hired for has had to take a back seat as I'm already putting in 60+ hour weeks.

While I haven't complained or brought my role change up I do think my employer is expecting a lot by sticking to the 2 months.
Interested in any feedback on how to handle this or if anyone has had a similar experience.

Thanks

Sideshow Mark

You have got to do what's right for you. You've already got the new job sorted out, references from your current job arent a problem. If I were you I'd let your current boss know the date you want to leave and leave on that date. The only issue is that your current company will probably not be able to send on your P45 until the 2 month notice period is up, which means you'll be on emergency tax for the first couple of months in your new role.

rgmmg

5inarow wrote: »

Hi all,
Interested in feedback on notice period after resigning within probation.

...they want me to work a 2 months notice period. While 2 months notice is stated in my contract I had thought that an exception could be made given I'm still within the 6 month probation period. My new employers are super keen that I start in 4 weeks. I've been very professional in my approach with my current employer and hoped we could come to an amicable compromise on the notice period but they're inclined not to budge.

I feel they are being unreasonable and taking advantage of my hard work ethic. 6 weeks into the job they asked me to take over another team after a manager resigned and I've been totally consumed by that role since, the previous person in the role was totally under appreciated and worked very long hours. I've highlighted the fact that the team is under resourced and has to deal with regional offices on both sides of the globe. The role I was originally hired for has had to take a back seat as I'm already putting in 60+ hour weeks.

While I haven't complained or brought my role change up I do think my employer is expecting a lot by sticking to the 2 months.
Interested in any feedback on how to handle this or if anyone has had a similar experience.

Thanks

While 2 months is more than the norm (ordinarily 1 I would say), that clause is clearly there to safeguard either party should the arrangement not work out for whatever reason. As in this case!

If you have asked and they insist you work your 2 months, then there’s not much you can do. After all, you did agree to it when you signed the contract and would likely insist on 2 months notice yourself had they instigated your hastened departure!

Xcellor

Read
http://www.eurofound.europa.eu/emire/IRELAND/MINIMUMNOTICEANDTERMSOFEMPLOYMENTACT1973-IR.htm


More than 13 weeks but less than 2 years:


1 week [8-hour p.w. qualification period]


Legally you only have to give 1 week notice.

LowKeyReturn

2 months is totally unreasonable and I suspect unenforceable. Give four weeks and leave it at that IMHO.

rgmmg

Xcellor wrote: »

Read
http://www.eurofound.europa.eu/emire/IRELAND/MINIMUMNOTICEANDTERMSOFEMPLOYMENTACT1973-IR.htm


More than 13 weeks but less than 2 years:


1 week [8-hour p.w. qualification period]


Legally you only have to give 1 week notice.

According to your link:

"The minimum notice provisions of the Act are contained in section 4. These minimum notice periods apply only where the contract of employment does not itself expressly indicate longer periods"

i.e. the OP signed up for 2 months notice and will work it as the OP read and, by signing, agreed to those terms at the outset.

Not sure where this "given them a month and just leave it at that" attitude comes from.

Contracts are worded for a reason and not just something you sign up for then opt out of when it doesn't suit you.

Xcellor

rgmmg wrote: »

According to your link:

"The minimum notice provisions of the Act are contained in section 4. These minimum notice periods apply only where the contract of employment does not itself expressly indicate longer periods"

i.e. the OP signed up for 2 months notice and will work it as the OP read and, by signing, agreed to those terms at the outset.

Not sure where this "given them a month and just leave it at that" attitude comes from.

Contracts are worded for a reason and not just something you sign up for then opt out of when it doesn't suit you.

True.

The company is unlikely to litigate but will leave them with a bad taste. Never good to burn bridges.

LowKeyReturn

rgmmg wrote: »

Contracts are worded for a reason and not just something you sign up for then opt out of when it doesn't suit you.

Contracts, especially contracts of employment, are not always enforceable. The bargaining power of the parties is taken into consideration. In a perfect world people would be totally upfront and say "that's unreasonable I'm not signing".

In a perfect world we'd also have no unemployment, people wouldn't put unfair terms in to contracts and at some point before marriage I'd have had a paddling pool full of jelly containing Penelope Cruz and Cameron Diaz.

noodler

You are hardly going to give up a great opportunity over this OP.

You already know the answer.

Viper_JB

Ya I wouldn't have any qualms about leaving after the 4 weeks, if it were the company leaving you go, there's a chance you'd be asked to leave that day. Take care of yourself here OP the company would walk all over you if you stood in their way.

rgmmg

LowKeyReturn wrote: »

Contracts, especially contracts of employment, are not always enforceable. QUOTE]

True. My point, poorly made , was that they sometimes are!

LowKeyReturn

rgmmg wrote: »

LowKeyReturn wrote: »

Contracts, especially contracts of employment, are not always enforceable. QUOTE]

True. My point, poorly made , was that they sometimes are!

Oh I completely agree - and also had the guy been off probation would I'd have poured on scorn. IMHO it's only fair probation periods work both ways.

Lux23

How much notice does the company have to give the employee during the probation period?

the_syco

Lux23 wrote: »

How much notice does the company have to give the employee during the probation period?

This is important.

If they can let you go at a moments notice whilst in probation, that can fly both ways.

smcgiff

On this forum how many times have I heard people relying on their contract, but it seems that it is only popular advice when it's in favour of the employee.

There can be valid reasons where two months notice is required. it can take that long to hire the right person.

the_syco

smcgiff wrote: »

There can be valid reasons where two months notice is required. it can take that long to hire the right person.

Although beyond probation, I agree, but whilst still in probation the employee has very little rights. Heck, for the first year, the employee has very little rights.

smcgiff

the_syco wrote: »

Although beyond probation, I agree, but whilst still in probation the employee has very little rights. Heck, for the first year, the employee has very little rights.

Even in the first year if the company lets them go they'd have to honour the two months notice if in the contract.