Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Unhappy in my job, notice during probation period?

39 replies

Spinelli99 · 25/08/2023 09:48

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.

OP posts:
Spinelli99 · 26/08/2023 09:46

So they may or may not give you hours between 11 and 5pm but you must be fully available regardless.

OP posts:
L1ttledrummergirl · 26/08/2023 09:58

The contract doesn't override the Law.

This is ACAS information about zero hours contracts and your employer sounds as though they are not following the law from what you've written.

If you follow the link to workers notice period, the law is one week for this due to length of service. They are trying it on.

Catlover77 · 26/08/2023 10:00

Do not listen to the advice on here OP. Your contract as an employee is worded correctly. There is a lot of misinformation about zero hours but as an employee you are obliged to accept the work. As a bank worker you are not

Spinelli99 · 26/08/2023 10:03

Thank you.

OP posts:
Aprilx · 26/08/2023 10:09

Catlover77 · 26/08/2023 10:00

Do not listen to the advice on here OP. Your contract as an employee is worded correctly. There is a lot of misinformation about zero hours but as an employee you are obliged to accept the work. As a bank worker you are not

The other posters have actually posted link to official sources such as gov.uk and ACAS which both clearly state that a person on a zero hours contract does not have to accept the work.

Could you provide a link to your claims? If not, I would suggest OP observes the advice from people that have provided evidence.

L1ttledrummergirl · 26/08/2023 10:10

@Catlover77 that is wrong and poor employment practice.

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

Snittle · 26/08/2023 10:13

Catlover77 · 26/08/2023 10:00

Do not listen to the advice on here OP. Your contract as an employee is worded correctly. There is a lot of misinformation about zero hours but as an employee you are obliged to accept the work. As a bank worker you are not

Obliged to accept it, or what though?

They can’t not pay her for hours actually worked, so if she just turns down the shifts what will they do? Sack her? Win win.

It depends whether OP wants a reference for her next job, but I can’t imagine a reference for somewhere you’ve been employed a month with sway decisions one way or the other.

Snittle · 26/08/2023 10:15

Also, all employees are workers but not all workers are employees. So anything that says worker will relate to the OP, even if she is an employee.

Catlover77 · 26/08/2023 10:21

Read the advice again. It does not say that

Sunrisewatcher · 26/08/2023 10:29

I was in exactly this position 3 months ago. I ended up leaving 1 week after giving notice and they deducted all the wages I'd earned in the previous 3 weeks since starting (over £1000). Apparently to cover short notice period and having to cover my shifts - I was so disappointed but thought I had no choice but to accept 😭.

Aprilx · 26/08/2023 10:33

Sunrisewatcher · 26/08/2023 10:29

I was in exactly this position 3 months ago. I ended up leaving 1 week after giving notice and they deducted all the wages I'd earned in the previous 3 weeks since starting (over £1000). Apparently to cover short notice period and having to cover my shifts - I was so disappointed but thought I had no choice but to accept 😭.

Was it a zero hours contract too?

An employer can technically claim costs for having to get more expensive short term cover if somebody doesn't work their notice. But it should only be to the tune of what extra they had to pay, so if you would have been paid £100 and they had to pay £110 to get emergency cover, then they can claim the £10 off you, but not the £110. And again, if you were on zero hours, you are able to decline the work anyway.

RedDawg · 26/08/2023 11:24

Sunrisewatcher · 26/08/2023 10:29

I was in exactly this position 3 months ago. I ended up leaving 1 week after giving notice and they deducted all the wages I'd earned in the previous 3 weeks since starting (over £1000). Apparently to cover short notice period and having to cover my shifts - I was so disappointed but thought I had no choice but to accept 😭.

@Sunrisewatcher have you checked with ACAS to see if they were allowed to do that? Will they have paid per you National Minumum Wage by deducting? Only a thought.

Spinelli99 · 26/08/2023 11:26

That's terrible I'm sorry to hear that :( was it a care company?

OP posts:
New posts on this thread. Refresh page
Swipe left for the next trending thread