Notice Period - Probation or Full Time Contract?

supasoumi99

Hi All,

First time poster but hoping somebody can help me.

I have just been offered a really exciting new job which I am hoping to take. They are willing to give me five weeks notice period in my current job. Problem is my current employer is looking for 3 months notice as stated in my contract.

After looking through my contract I noticed that it does say this but also that I was subject to six months probation at the start which can be extended at the companies discretion up to 11 months (Notice period for probation is one week). It also states that I will be subject to two formal assessments within this period. I am now in the job just under 11 months and I have never been told once either verbally or in writing that I have been made permanent and have not had one formal assessment since I have joined.

Do I have a case here for claiming that I am still technically on probation as I have not received any notice that I have been made permanent or any assesments within this period?

Any help would be much appreciated as I have a meeting with HR tomorrow regarding this!

Thanks

Mrs OBumble

You probably do. But don't be looking for a reference off them.

(And its a very odd situation to have 3 months notice! I thought two was bad)

Gone West

3 months is taking the piss, or in other words the employer is taking advantage of the employee. If you are a highly skilled person, depending on the industry, you will be in demand. In almost every industry, 4 weeks is the norm.
Give them 4 weeks notice. Tell them that you'd like written confirmation that this has been accepted and that you will be paid. If they can't do this, walk out the door, take yourself a nice 5 week holiday and enjoy your new job.

Please also note that this is terrible advice, but that it will work and you shouldn't be too afraid of your employer in general. Live your life, and congrats on the new job!

allibastor

supasoumi99 wrote: »

Hi All,

First time poster but hoping somebody can help me.

I have just been offered a really exciting new job which I am hoping to take. They are willing to give me five weeks notice period in my current job. Problem is my current employer is looking for 3 months notice as stated in my contract.

After looking through my contract I noticed that it does say this but also that I was subject to six months probation at the start which can be extended at the companies discretion up to 11 months (Notice period for probation is one week). It also states that I will be subject to two formal assessments within this period. I am now in the job just under 11 months and I have never been told once either verbally or in writing that I have been made permanent and have not had one formal assessment since I have joined.

Do I have a case here for claiming that I am still technically on probation as I have not received any notice that I have been made permanent or any assesments within this period?

Any help would be much appreciated as I have a meeting with HR tomorrow regarding this!

Thanks

Once you have not formally been removed from probation you should, in theory be able to ask this. Also as the rules of your contract are not being upheld, IE the assessments etc, you can argue that as the company are not upholding their side of it you are not bound by this.

Unfortunately I agree that no matter the outcome you wont be getting a reference from this crowd as the exit interview will no doubt be hostile.

supasoumi99

Thanks guys - I will let you know how I get on tomorrow! Hopefully it all goes ok!!

Manach

Offhand there has been rarely a case of a company taking action if an employee skips off early on their contract.

superman28

If you have a job offer, it's a no brainer,, ,ditch your current employer.. If your company had loyalty to you they would make you permenant and offer you a decent wage..

gandalf

The only jobs I have been aware of with 3 months notice are quite senior management ones. What is your current level. If it is not at this then they are taking the Michael!

One month is more than enough notice for someone who is in a job for less than a year. Hopefully HR have been pragmatic at your meeting today and will allow you leave within the contracted notice period.