Dismissed during probation

[Redhothoochycoocher]

Does dismissal during a probationary period need to meet the same criteria as dismissal after probation is passed? Ie can the employer dismiss an employee for any/no reason within probation?

I want to resign during my probationary period and give my 1 month notice. My employers notice to me is 1 week so I am worried they will just give me notice and I won't be paid for the final month.

they will pay you one week only

wait

you have to give a month notice during your probationary period?? whereas they only give a week.

no op i think you’ve got that wrong. It will be a week in probation for you both

Yes they probably will give you a week's notice.

You essentially have no legal rights until you've been there two years.

The only real change between probation and post probation is that sometimes notice periods and benefits change.

What does your contract say about your notice period?

That's what you need to follow.

If they break their contract with you then your only recourse would be to sue them for breach of contract.

Not necessarily. Notice doesn't have to be equal and it often isn't.

during probation it most certainly is equal

They would absolutely not let you work a month's notice, there's no point. If you're in probation you're being trained, so there's no way they are going to invest in training you for a month knowing you're going to leave immediately afterwards! It will be a week's notice.

Thanks for replies. I've checked and checked my contract again. It's definitely 1 month for me and 1 week for them during my first 2 years of employment.

I'm doing project work which isn't finished and there isn't anyone in the company who can take over. I'm actually considering giving extra notice to give enough time for them to fill my post but very nervous about that now.

Are they not governed by the same laws re terminating employment ie it has to be for 1 of 5 specified reasons (eg poor performance, unsuitable for the post etc)

IT IS NOT. Notice is set by th eemployment cotract. If the OP says that their notice in their contract is one month, and the employers is one week, then that is what it is. This kind of unequal notice is absolutely common with some employers and probation has no bearing on it. It is about what the contract says. Until such time as the OP says that they don't know what they are talking about, I will take their word over the assertions of someone who clearly does not understand common notice arrangements.

I'm not actually being trained. Everyone is on 6 months probation regardless of experience or skill

If the project needs to be finished they will probably allow you to stay for another two months which is what you want. But it’s a bit of a risk because they may replace you quickly and give you one week’s notice. Put your own needs first.

Yes, this is not uncommon in contracts - contrary to some peopels personal opinions it is entirely legal. You can't make a claim iof unfair dismissal, so unless the dismissal was for a (legally) discriminatory reason, then no they don't need any reason at all. Under normal circumstances I would have said that in my experience employers seldom give counter-notice like this. But I am actually shocked (and it's hard to shock me!) that this notice clause lasts for two years! It's very common in probation then usually equalises after probation. So I can't honestly say that they wouldn't give you notice.

your probation period is 2 years??!

I'm just confused about how it would serve them to terminate me. It's just me and my manager in my department. She doesn't have time to do my job as well as hers -that's why I was hired. They didn't have many applicants when I was appointed so I'm not confident they'd be able to fill the role quickly

No it isn't. She said it is six months. But the employer only has to give one weeks notice up to two years. And since that is the law, and they are choosing that, it is entirely legal.

so probation 6 months

and first two years you give a month notice and they give a week

that is very unfair an puts employee at a disadvantage.

are you not getting on well with management? relations deteriorating?

This will play in your favour. So they may be happy with the month. The unequal contractual notice is usually only during probation, so if you turn out to be a useless hire they can get rid easy, but if not you can't slope off without them having a chance to replace you!

Since someone seems to be very confused about notice (not you, apparently 😀) the notice in law is one week either side up to two years, except for the first month of employment when there is no notice period required unless the contract says otherwise (which yours obviously does). After two years the employers notice, assuming there is no contractual difference, goes up by a week every year to a maximum of 12 weeks - but the employees remains at 1 week throughout.

Are you thinking about resigning or worried about being dismissed? It's not clear

OP, can't speak for your employer obviously, but I was in the same notice situation as you in my last job - I was required to give them 1 month notice while they only had to give me 1 week. I resigned during probation and just worked my 1 month notice as expected.

No actually this isn't an issue at all. I'm not enjoying the work very much but I get on well with everyone. I just need to be employed for the tax year as don't want to have to pay back tax free childcare if I stop working before April 6th. So if I give 1 months notice to finish on 7th April and they give me 1 weeks notice I'm worried I'll get charged by the gov!

No personnel issues though. I get on well with my manager which is why I'd like to give more notice tbh. I feel bad leaving her in the lurch.

Much as you get on with her, as I have said elsewhere, employers do things for themselves, not for employees. It isn't personal. Do what is right for you.

Sorry. I'm going to resign but I'm worried that I'll give my 1 month notice and they'll counter serve notice to me of 1 week

Then resign the week before you want to finish, so that if they ask you to work only one week's notice, then you are covered.

how long until end of your probation?

if you’re worried about leaving them in the lurch that means less likely they’ll want you out in a week