Unhappy in my job, notice during probation period?

[Spinelli99]

Sorry didn't know what topic to put this in.
It's a care job, I enjoy caring for the clients but despise the unrealistic, ridiculous rotas, constant last minute changes, having to travel across town and back for 5 minute visits, giving zero travel time and then told off for being late, and the list goes on.
I've been there for 1 month exactly, so still in the 3 month probation period.
I signed my contract a few weeks ago, and have just re read it. It states that up to 4 weeks' notice is required if you are resigning, however it doesn't state whether this applies to people in their probationary period.
I thought you only had to give 1 week notice during probation?
As it happens I have a new job that's starting exactly 1 month from now, so if they do require 4 weeks I'd better give it today.
It says if you fail to give the 4 weeks they will deduct it from your wages.
I am certain that the same notice period doesn't apply in your probationary period, however this isn't stated in their contract? Would appreciate any advice.

I'd just give your 4 weeks now. They may let you go sooner. Especially as you have a job lined up.

Are you paid weekly or monthly?

It's tricky as I need to continue with them until the 25th, as I don't have much income until then to bridge the gap.

I'm paid 4 weekly.

Just hand in your notice as soon as possible. They'll likely let you go as to not waste time doing any more training (unless you're already providing a ton of value)

Up to 4 weeks notice? That's an odd term in a contract. Does it not just say 4 weeks?

Just tell them you're leaving on x date. It is usually 1 week during probation but not all contracts are the same.

They just confirmed it as 4 weeks, good job I asked !

I think 4 weeks notice in probation is ridiculous, given that it's a 0 hours contract! Ah well.

Do you have a zero hours contract of employment? Or do you have a bank agreement?

0 hours contract!

Zero hours contract but they want 3 months probation and 4 weeks notice. CFs.

If it’s a zero hours contract, you’re only contractually obliged to work zero hours per week for them. If you want to stop working for them while you’re still in your notice period, just turn down any shifts that they offer you.

Yeah, I may just need to be more assertive. They state on the contract if you leave before the 4 weeks they'll deduct wages, and I'm not in a financial position to lose anything. A lot of these companies want 100% flexibility on your side but nothing from their side.

This is not true. A bank worker can turn down shifts, a contacted zero hours employee cannot

That’s not what gov.uk says

https://www.gov.uk/contract-types-and-employer-responsibilities/zero-hour-contracts

There are no rules about what notice should be given in probation, it is purely what is written in the individual contract. If the contract makes no distinction between notice during probation and notice otherwise then whatever notice period is stated is applied throughout.

However as said, you are on a zero hours contract, so you can just turn down the work offered.

https://www.gov.uk/government/publications/zero-hours-contracts-guidance-for-employers/zero-hours-contracts-guidance-for-employers

That link references a worker. That is not an employee. A bank worker does not need to accept work offered

The link references a zero hours contract. The very nature of that contract makes it more likely that the person is a worker rather than employee.

A debate over employee / worker is irrelevant here and we don’t know which OP is anyway. Zero hours means they don’t have to accept work. Whether they are worker or employee will impact other employment protections, but it doesn’t change whether they can refuse hours or not, they can.

OP, have you handed in your notice now?

While you're in your 4-week notice period, you're still on their books, but as @CCL333 has pointed out, you're not obliged to accept work that's offered to you.

Continue with your notice period, whether working for them or not, and just don't say anything to them like you're not coming back.

If they do make any deduction for work you've undertaken (though I hope they wouldn't be that daft), you can submit a claim for unlawful deduction of wages.

Just chiming in to say the organisation I work for has permanent employees on ZHr contracts, and we offer them work which they accept or decline. They are still entitled to sick pay/holiday pay and have a contractual notice of one week, which they can avoid by not accepting work we offer. Just to correct the above on XHr workers not being able to decline work!

Sadly it's not in my contract that I'm allowed to decline work, it just states I must be available in the availability windows I've given.

So it isn't a zero hours contract then?

It states on the contract it is a 0 hours contract but you must be available between the time slots you've said you're available.