'Reason for leaving'

[ElektraLOL]

What do you say is your reason for leaving when your employer has made your working conditions intolerable?

I have an interview this week for a new job. My boss is going to be mad if I leave now because they are very busy around Christmas. But I've done a 3 month probation period and she's not willing to renew contract despite glowing reports about my work.

Original contract says I have to give one weeks notice if I'm on probation.

Your new potential job sounds amazing so to the outside eye it sounds really understandable why you would want to go for it. I don’t think they will be quizzing you for long on why you want to move.

Thanks Flower.

I’d be playing hard ball on the lunch. It’s not negotiable.

How come there are animals soiling at work?

In the industry I work in it's quite usual for people to work through their lunch breaks. It's obviously not ideal or necessarily legal but it does happen a lot and actually it is not that that's making me want to leave although it's another indicator of who she is.

What bothers me more is the 7am texts, rudeness and general lack of people skills.

Are you the poster with the boss that has an old dog?

Yep. 🙄 it has been so many things all together.

You need to get out of there!

I know. She also hasn't reviewed my contract. I've done my 3 months probation and she said she's not reviewing it for another 3 months.

With that being the case, how much notice would I be required to give?

She doesn’t necessarily need to do anything about your contract. What does it actually say, about probation and about notice?

It says 'you will be on probation for 3 months , after which you will be confirmed as a permanent member of staff or your probationary period will be extended.'

It says 1 weeks notice if on probation & 2 weeks notice thereafter.

So I assume that since nothing has been put in writing I'm still on probation?

My understanding is that a contract should be fair on both sides, not all take and no give. So at the moment she could get rid of me with a weeks notice and I could also leave with a weeks notice?

What could she really do if you just never w my back in? She can't March you out of bed every day to work a weeks notice. I remember reading about the poor old dog. I'd walk

That’s very poor drafting, as it doesn’t cover what the default is, if neither of those things happen. One could make an argument either way, that by not specifically extending your probation it is reasonable to assume your employment was by default confirmed, or by not specifically confirming it, your probation was by default extended.

I’d say that as she said she wasn’t “reviewing” it for another three months, you have a strong argument that it has been extended and that you therefore only have to give a week’s notice.

Ok. If I manage to get another job I would be tempted to do that. But it will hurt my coworkers if I just leave and they are both lovely people.

I thought exactly the same about the contract - the ambiguity. She has only said in person that she would review in 3 months. Should I try to get in writing from her what my current status is to avoid later problems? She won't be happy if I go because i work very hard and she said she doesn't know how she coped without me. I think she could try to sue me to be nasty.

OP my advice is get yourself another job asap and if successful you should set their expectations that your notice is likely to be 2 weeks ie the worst case scenario.

Don't get embroiled in a discussion with this current boss. She sounds unpredictable and making it up as she goes along. If you can be released on 1 week's notice when you get a new role happy days. Otherwise I'm certain a new employer will happily accept 2 weeks because that's quite a short notice period. Normally it tends to be 1 month after successful probation confirmed.

Her conditions of employment sound rubbish!

And please don't make career decisions based on co-workers. You must think of yourself at times like this - you have no control over their circumstances.

Thank you daisy xx

Yes she is unpredictable and does make it up as she goes along. She told us to make up promotions on the spot.

Elektra, be in no doubt that she cannot sue you for anything, provided you work your notice period . Even if you were to leave after 1 week, and she was daft enough to enter a Tribunal Claim, I doubt it would even make it to court.

The way she has left you dangling (deliberately..? ) with no certainty as to whether you have, or have not passed probation, fails to meet any good employment practice. The T&Cs she has set are clear that after 3 months have elapsed, she either has to pass you or extend you. This decision would be best served by formalising in a meeting, being clear on the rationale, to make it fair on the employee. So leaving after 1 week's notice is perfectly justifiable under these circumstances. If she tries to shift the goalposts after you hand in your notice, clarify the above to her in an email and you're covered.

Fingers crossed for your interview, I hope you can escape!

Thank you daisy!

Ok, so I've been offered another job.

Do I ;

1 work the minimum notice period which is 1 week and risk pissing my boss off because I'll be leaving over Christmas

2 work a months notice as a goodwill gesture given that my new job has said that they would be happy for me to begin on 7th Jan

I do need the money of the second job - it's more hours.

But I've done a 3 month probation period and she's not willing to renew contract despite glowing reports about my work.

Original contract says I have to give one weeks notice if I'm on probation.

Your option no.1/ definitely. Your boss is not willing to renew your contract. Why would you bother giving her any of your goodwill by working 3 times longer in a place you hate working at, when your current contract says 1 week.

She's the loser because she has treated you shabbily. Maybe it will teach her if you treat people fairly and decently they won't walk, and go to work for someone else.

Is it possible that she could try to give me a bad reference or somehow throw shade on me?

Hopefully they will only ask for a factual reference to validate the dates of employment. If the new company really likes you then she'd have to say something extremely negative for them to be deterred from employing you.

Sometimes you have to take a stand, walk if you don't like how you're treated or the working conditions you have to endure and hope the company does the decent thing by not standing in your way.

If they withdraw their offer, then ask them to tell you in what basis and ask what the reference said, so you can defend your position.