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Notice period during probation

(13 Posts)
MsDeerheart Tue 14-May-13 21:21:34

I have an interview and I am still in a probation period - which is very long -in my current job- just looked at my contract and it says that the company can terminate with 1 weeks notice during probation - does that mean in theory if I was succesful at interview I would only need to give 1 weeks notice - its doesn't say
- it just say that notice period normally is 2 months

BriansBrain Tue 14-May-13 22:26:32

It is one week in probation period for employees where I work, is there a PA or secretary you can as to clarify for you?

flowery Tue 14-May-13 23:14:34

What does your contract say about notice you are required to give? It would typically be the same on both sides but the specific wording is what's important.

MsDeerheart Wed 15-May-13 20:08:56

I havn't got exact words to hand but there was one clause that said
it says two months notice for either side
then there is another clause says during probation period the company can terminate your contract with 1 weeks notice but doesn't say anything about what notice I would have to give
no PA or secretary just a large HR department
in the scheme of things its not that important - I might not get the job anyway and I would certainly give more than 1 weeks notice

flowery Wed 15-May-13 22:30:39

Not sure about the logic that a PA or secretary would be best placed to interpret contractual notice requirements but anyway...

If there is nothing specific about notice the employee is required to give during probation then the standard notice requirement would apply, which in your case sounds like two months. It's unusual to have a week's notice during probation only applying if the employer chooses to give notice- normally that would go both ways, but if that isn't stated then two months it is.

Of course your employer may be happy to release you early-that's certainly more likely to be the case for a recent employee as opposed to an established one.

BriansBrain Wed 15-May-13 22:45:40

Maybe because the secretary would discuss the contract in detail with the manager before and after typing it and that they would have a good understanding of what they are actually typing into a template contract because they work closely with the HR dept and have regular meetings with them so they can be independant in their work place HR/payroll/secretary role?

flowery Thu 16-May-13 10:09:16

That's making some huge assumptions about how HR works where the OP is employed in terms of who drafts contracts and how much employment law knowledge secretaries have there. Anyway, why ask someone who "works closely with the HR department", assuming such a person exists, when the OP could ask the HR department themselves?!

It sounds like, as in 90% of employers, contracts are dealt with by HR, and for the benefit of anyone reading who has a query about their employment contract, HR should always be the first port of call.

MsDeerheart Thu 16-May-13 18:54:49

Thanks flowery - its a large organisation and secretaries certainly don't know the ins and out of HR - unfortunately some members of staff in HR also have given that impression in the past . If I am offered the job I will just check with HR - but don't want to do that before the interview

flowery Thu 16-May-13 22:21:00

Your contract should be clear on the issue anyway- if there is no specific provision for employees to give less notice during probation then whatever your standard contractual notice period is will apply.

MsDeerheart Thu 16-May-13 22:53:13

Its not clear, and but shouldn't it match - if employer can give one weeks notice then why wouldn't I be able to?

flowery Thu 16-May-13 23:13:44

It usually matches, yes, but it doesn't have to. If it doesn't it may be deliberate or it may be an oversight or poor drafting.

If the wording isn't clear what notice you have to give during probation do you want to post the wording here?

hermioneweasley Fri 17-May-13 14:25:33

I am beamused by the idea of using a secretary because they would definitely seek a detailed knowledge of what they are typing. Even if they're not just filling in a template, if it worked like that why would you need experts?!

LoveBeingUpAt4InTheMorning Sat 18-May-13 09:01:55

Ours was we can give you 1 week in probation but you have to give us 4.

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