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Notice period for employment termination shortly after probationary period ending

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  • 03-11-2023 1:55pm
    #1
    gabria
    Registered Users Posts: 146 ✭✭


    Hi I am a senior professional manager in a pharmaceutical firm who finished a six-month probation period in mid-October.  Last week I received the bad news from my HR that my position is going to be terminated as there is no requirement for it anymore.  They are going to fill the department with more junior roles.

    HR are shortly going to offer me a choice of different roles in other departments different than my department – but they have admitted to me already that they will be more junior.  I fully expect to reject these and have no choice but to move on.

    To be clear, moving on will not be my resignation.  I want to stay in the role but I don’t have any persuasion power that could make them change their mind. They are already updating the company organogram with the deleted position and will be circulating it shortly.

    I just want to check what is my notice period entitlement in this situation ? My contract says that following the successful completion of my probationary period, the Company may terminate my employment on giving to me not less than 12 weeks’ notice .  The problem is that I never got the positive message from them that confirmed my probationary period was successfully passed, I only got the information of imminent position termination and that’s all. So I am fearing that they will try to chance giving me only 2 weeks’ notice, like they recently did to another unfortunate new employee who was still clearly within her probation period.  



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    #2
    skallywag
    Registered Users Posts: 2,987 ✭✭✭skallywag


    As far a I am aware, your notice period passes by default after that time is up, and you have not heard anything to the contrary.

    Since your probation period has passed, I would assume you will be offered 12 weeks notice. If your colleague was still within her probation period then they were within their rights to not offer her the 12 weeks.

    Have you some reason to suspect that they will not offer you the 12 weeks?



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    #3
    gabria
    Registered Users Posts: 146 ✭✭gabria


    https://www.boards.ie/discussion/comment/121319588#Comment_121319588

    I think I am more reassured by your answer thanks. I'll update in case they don't play fair



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    #4
    skallywag
    Registered Users Posts: 2,987 ✭✭✭skallywag


    Could even possibly work out well for you if they decide that they would rather you do not come in for the next 12 weeks, i.e. 'gardening leave'. Can happen quite often when someone is going to leave. Unless you think that they would want you to see out the 12 weeks?



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    #5
    gabria
    Registered Users Posts: 146 ✭✭gabria


    https://www.boards.ie/discussion/comment/121323277#Comment_121323277

    Hi sorry about the late response but i am glad enough to say that it has worked out OK. They put me on official garden leave until the end of November, but they gave me the official 12 weeks notice which from mid-November so that takes me right up until the end of next week. They paid the full amount all in one go



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