Notice Period/Probationary period HELP!!

[finnbarr]

Ok...so have been working for this company for a year and today have handed my notice as I've been offered a better job elsewhere.
I have been told that I have to work my three months notice, and have no choice in the matter.
In my contract it says "after your probationary period you are required to give 3 months notice" BUT I have never had a probationary review...or confirmation that I was out of my probationary period...
Can anyone advise whether they can do this?? Or can I say that I'm still technically in my probationary period?
Help...ps sorry it's long!!!

Legally if they haven't confirmed passing your probationary period you can argue you're still in it, but it's a practical issue - how much will thus affect your reputation in the industry and how much do you need a good reference from them?

I'm not going to be working in the industry they're in, and have enough good references from previous employers.

If the employer does not confirm that you've passed by the date the probationary period ends then you are deemed to have passed.

Can you ask them to be flexible with the notice period?

I have done and they've said no!

Sorry to say it but you are contractually bound.

Is there no way you could re-negotiate? Ask to reduce it to two months instead of three?

If they haven't extended your probationary period then it has finished. There is no requirement for a review nor do they have to confirm that the probationary period has ended. So I'm afraid they are right. You have to work your three months notice or risk being sued for damages by your current employer.

Ok...but what can they do?

Surely working your notice is quite normal? Are your new employers putting pressure on you to join them immediately?

How long was your probationary period? If the date has passed and they haven't extended it then I think it is officially over. Have you spoken to the new employer about this? Did they have an absolute need for you to start sooner than 3 months?

If you leave without working all of your notice they can sue you for damages. You would potentially be liable for any loss they had suffered as a result of your breach of contract. So, for example, if they had been forced to take on a temporary employee at a higher pay rate to cover your work you might be liable for the difference between the amount they would have paid you and the amount they have paid the temp.