Notice Period Query

[Emerald2393]

Hi,

Looking for a bit of advice! I've been at my current workplace for around 4 months. When I accepted the role, my contract stated my notice period was 1 week, moving to 3 months after the successful completion of my probationary period (stated as 3 months in my contract).

As I reached 3 months of employment, I queried with HR what the next steps were in terms of my probation, and whether I needed to have a formal review. They were surprised at my question, and replied to my email to say that, actually, my contract should have stated a 6 month probationary period.

I don't have an updated copy of my contract outlining this change, but my question is - does this mean I'm legally in my rights to only work 1 week's notice if I were to hand my notice in? I've had no formal review, and as HR stated, my contract was incorrect.

When taking the role, I negotiated a payrise after passing my probation, which I haven't received.

I'm deeply unhappy in the role and am looking for other employment so just wanted to understand where I stood. I will query this with HR but thought I'd ask the folk of Mumsnet what they thought.

Thank you in advance.

If there is an audit trail of your convo with HR (email) then I would be happy to ‘infer’ that your probation is only one week. Also you don’t always have to work your notice, this is especially true the more junior you are.

Thank you for your reply. That's what I thought/was hoping for :)

I'm not an expert but if they've said it should be six month probationary m, take it as that and give one-weeks' notice. Are you able to do agency work if you left shortly?

Thank you - yes I'd be able to do agency work short term if I was to leave soon.

If you do leave , make sure they pay your entitlement of accrued holiday pay in your final pay check if you haven't taken any days off since you started.

Even if you get a role wanting you to starting immediately, take it. I’ve let people pack up at lunchtime and not come back. I’d rather be fair and let someone go immediately than have a ‘zombie’ in my team.

The official line from HR will always be to work your notice but in reality notice is rarely enforceable (unless you’re worth ££££££ to your company). I’ve only had a problem with one CF who came back a week or so later and wanted lieu of notice paid because apparently the decision was ‘mutual’ and they decided after the fact to claim anxiety at work.

Thanks everyone, you've all been really helpful :)

Hope everything is ok Emerald . Good luck

Thank you - my boss is arguing my notice period and says I need to do the full 3 months. Speaking to HR tomorrow so will see what they say.

You were told 6 months probationary period, which you're still in, and are entitled to give one-weeks' notice. Tell them that and don't be frightened - their delaying tactics won't work and all it will do is give you more grief. Don't let them manipulate or intimidate you.

You can bet that they would have tried to impose the 6 month probation if they wanted to get rid of you. It has to work both ways.

Personally I think what's in your contract counts legally, but on a practical level, given they've said there was an error, and you're willing to accept that error, they can't change their minds back now.

Anyway what will they do? No employer takes an employee to court because they don't want to work their notice, they just huff and puff and move on. Don't let them bully you, give the notice and leave on that day. They can't do anything.

Someone may be along and talk about references but if you've been in the role for such a short time you'll be able to "lose" it on your CV in time. I spent 6 months in a job many years ago and left at the end of my probation (mutual decision, horrible place and they didn't like me, either!) and I don't bother putting it on my CV anymore. 3 months will be even easier to lose.

They're not budging I'm afraid. I'm unsure whether to just not return tomorrow or work one week's notice (even though it'd be unpaid) just so if it does ever go to court I'll have worked the notice length outlined in my probationary period. I know it's unlikely to go to court but I'm worried I could face a hefty fine if it does.

What does your contract say about completion of probation? Is it one of those which is worded such that it's completed once you've passed the three month mark, regardless of any review?

Or is it one which is clear that although the probationary period is three months, you are not deemed to have passed it unless and until specifically notified as such?

I don't think you can give a week's notice because you've been told your contract should have said 6 months, if it in fact says 3 months, and that's what they're sticking to.

You won't receive a "hefty fine". It would only be if they incur losses as a result of you not working your notice, and they'd seek to recover those losses. The other concern is whether you will need them as a reference and/or might want to work there again.

Why would you not get paid for your one week notice
Period.

HR advised I wouldn't get paid for any work I do after today unless I was to work the full 3 months notice.

They advised my contract should have had a 6 month probationary period, which is why I assumed I was still in it (& could give one week's notice). No update was made to my contract so they're sticking to it which I understand, it's just a bit of a grey area as they've since said it was incorrect.

Thanks for all your help :)

Just don't come back it's pointless your not a charity. Good luck

Where’s your pay rise then?

They've said the pay rise will now come into force (only because I outlined it as a reason I assumed I was still on probation). Had I not mentioned it, I imagine they wouldn't have remembered.

"HR advised I wouldn't get paid for any work I do after today unless I was to work the full 3 months notice"

That's not right. You must get paid for what you do - are they saying if you work 2.5 months' notice you'll get paid for none of it?!