Hate my new job - please help with notice period during probation

(16 Posts)
Herculesupatree Fri 13-Mar-20 14:32:58

I took a new job a couple of months ago and am not enjoying it. I just don’t feel like myself and have lost all confidence in my abilities. My new manager has undermined me and not backed me up So I am thinking of going back to my old job as the person they hired to replace me didn’t work out.

I’m trying to work out how much notice I would have to give. I have a “statement if particulars” rather than a “contract”.

This says I have a 6 month probationary period. It also says (separately) that I have to give 3 months notice. It doesn’t give a notice period during probation.

I have tried asking google and the top article said “if an employees in their probation period and chooses to leave before it’s over, if you don’t have a set term in your contracts of employment, they must give the statutory minimum notice period - which is one week.”

The particulars doesn’t say what the notice period is during the probation period, so does that mean that the statutory period applies? Or does the general notice period of 3 months apply?

OP’s posts: |
flowery Fri 13-Mar-20 15:28:21

There is a set term in your contract, it's three months. There's no reason to assume there will be a different notice period during probation unless they say so. Having said that, three months is a bit excessive that early on.

What does it say about notice they have to give you?

Tennisp Fri 13-Mar-20 15:34:52

Can you email your HR dept and ask them?

Herculesupatree Fri 13-Mar-20 15:55:14

That’s what I’m worried about, that the three months might apply regardless of probation or not. However the implication from the link was that there had to be a set term relating to the probation period, which there isn’t.

I could ask HR but don’t want it to get back to my manager.

Does anyone know the difference between a “contract” and a “statement of particulars”?

OP’s posts: |
Herculesupatree Fri 13-Mar-20 15:55:44

They have to give me notice based on a sliding scale depending on how long I’ve worked there.

OP’s posts: |
Amummyatlast Fri 13-Mar-20 17:19:47

There’s no legal requirement for there to be shorter notice period during the probationary period. As flowery said, your contract gives the notice period - 3 months,

Practically there’s not much difference between a contract and a statement of particulars of terms, and nothing that really helps you in this situation. Your notice period is what is given in the statement.

flowery Fri 13-Mar-20 17:24:21

”However the implication from the link was that there had to be a set term relating to the probation period, which there isn’t.”

No not at all. There often is but no reason there has to be.

No difference in practical terms between a statement of particulars and a contract. A written statement of particulars is the minimum information an employee has to be given about the main terms of their employment. A contract is the common method of communicating this information, but calling the document a statement of particulars doesn’t mean the terms in it aren’t contractual.

You could always just give them less notice and see what their response is. If you’re going back to your old job a reference is not likely to be important, presumably. And unless you giving less than contractual notice causes your new employer financial loss, they are unlikely to take action against you.

welshladywhois40 Fri 13-Mar-20 19:26:49

It will come down to manager discretion and the type of work you are doing.

If say you are still getting to grips with the role and hasn't really got started some employers would be happy not to make you work the notice.

I had a role years ago where I knew it was a mistake and found another job quickly. Gave notice after 6 weeks and worked one week notice. Was amazing they even asked for a week.

So worth a conversation.

Herculesupatree Fri 13-Mar-20 19:54:16

Thanks flowery and amummyatlast that’s cleared up what my contractual notice is. As you say welshlady I may be able to negotiate a shorter period however it’s good to know what I’m starting from!

OP’s posts: |
JacquiDeVille Tue 05-May-20 22:08:03

Can you update us op?

topcat2014 Tue 05-May-20 22:16:34

Your notice to them cannot be required to exceed their notice to you.

Smartanimal Tue 05-May-20 22:19:12

If I hated my workplace during probation and my old employer wanted me back I would waltz out laughing in their faces. Fuck giving a notice!

therona Tue 05-May-20 22:38:43

I'd go off the sliding scale they gave you. It's not fair for them to expect a far longer notice period from you than you can of them!

Herculesupatree Wed 06-May-20 07:58:56

Well I didn’t mention in my original post that this new job was part of a family relocation, so while I could have had my old job back it wouldn’t have been very practical, being 200 odd miles away! (Although currently would make no difference I suppose). My DH was quite set against the idea for this reason. My old employer would have happily had me back but I’d still have had to look for something else in a while and didn’t want to mess them around...

Anyway, I saw another job advertised near where I am now just before lock down, pretty much splitting image of my old role, applied for it, had Skype interview and got it! So lucky as there are now v few jobs being advertised in my sector.

Am just waiting for references etc. to go through and then will see where we are and talk about notice. They know I’m leaving now and I expect will be happy for me to finish off a couple of projects I’ve started and then leave. Hopefully just one or two months notice.

I honestly feel like a different person knowing I will probably never have to go back there! (Currently working from home) grin

OP’s posts: |
Dozer Wed 06-May-20 08:03:34

In this situation your current employer may well agree to much shorter notice, eg one month. unless you’re super senior / specialist they’d probably struggle to argue in court that you should remedy them for breach of contract for such a long notice period early in probation, and would probably not bother to try.

Dozer Wed 06-May-20 08:04:17

So I would prioritise your new employer and say you’re leaving after one month.

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