Quit job during probation and now they're threatening to sue me?!

[Cryojeenic]

I have NC for this for obvious reasons. 3 months ago I started a new job, 6 months probationary period. It's become glaringly obvious that the working environment is not the right cultural fit for me and nor am I the right cultural fit for the working environment. It's a part-time job (I was slightly iffy about taking a salaried role if I'm honest because I'm so used to being my own boss now, having been self employed for years, but the money was good and they promised me a load of flexibility which hasn't materialised) and the rest of the time I am self-employed so my plan is just to continue with being self-employed (I have a waiting list of clients so this shouldn't be an issue). I've given my week's notice per my contract and they asked if I would stay until they recruited a replacement. I declined politely, as I'm in now way legally obligated to stay longer. They've kicked off and threatened to basically sue me for wasting their time?! They don't have a leg to stand on surely? The contract specifically states, 6 month probation period, 1 weeks' notice.

Maybe get this moved to legal ?

However I would refer them to Arkell v. Pressdram.

I thought I might get more responses in chat, legal seems a bit dead!

Maybe just show them a copy of the contract. Has the threat come from HR or your manager just venting. Ie. An idle threat. I can’t really see why a company would go to court for someone who’s been in their employment for twelve weeks. Too much cost and time, and what do they hope to achieve by it.

(not a legal expert)

No,they are just pissed off as they will be short staffed. Just stick to the contract and they can’t do anything

It was my line manager who said it but she copied in both HR and the CEO

If you’ve resigned according to you contract, then you’ve nothing to worry about. The company has just shown it’s true colours and better you find out now than later.

Does your contract have any clauses regarding training costs? Eg if the sponsored a degree course you have to stay x years or pay back £y% of the costs. That’s the only thing I can think of where they may have some legal recourse.

Nothing on training costs, and I haven't done any training anyway.

They did buy me a laptop, which I'll obviously return. I didn't even want it, it's an apple mac and I prefer windows, but they insisted I had to use it.

You are good. Both the contractual and statutory notice period for an employment period of 3 months is 1 week and there is no other legal lever they can has to compel you to work for longer. Though in the interests of not burning bridges and preserving your reputation in the industry you could consider as a goodwill gesture working a little longer or supporting them at a preferential rate as a self employed contractor.

Have you spoken to acas? They might have some advice to give. Been very helpful in the past.
Other wise I would do your notice, hand in everything they’ve given you, if they will sign to say they’ve received it back even better or at least a photo of it left in your desk. Then walk away to better things.

Lol, no of course they can't sue you. You resigned in accordance with the terms of your contract (and are well rid by the sound of it!)

This particular employer is well known in the industry as being a PITA which is partly why I was wary about accepting the role. Lesson learned!

It's been sent in an email, I don't have a desk (remote role).

Your line manager is an idiot. You've given notice as required by your contract. You are well out of there.

😁😁

I feel like employers always seem to think the only purpose of the probation period is for them to assess the employee, and neglect to remember it works the other way as well.

Once you have left, please OP let us know who they are. Spare someone else what you have had to deal with.

I wish there was a way that threatening to sue could be a criminal offence.

She meant the laptop.

Thank you. I was thinking that they may charge for the laptop - would sending it back signed for/recorded delivery work as proof of return, along with a photo of it parcelled up and weighed as back up evidence?

You've done nothing wrong, acted as per the terms of the contract. They've no grounds to sue, just silly bluster. You've probably accrued some holiday entitlement you could take to work less next week if they'll let you take it

your boss is embarrassed as they can’t keep staff. Sending that email has only highlighted that to the ceo. What an idiot. You are completely in the right and as you say, the probation works both ways.

Definitely this! Hope you’re okay, OP.

Lol, bless them.

Sounds like from a contractual point of view they don’t have a leg to stand on. Threatening to sue you is hilarious.