notice period in probation

[journeymanpro]

Hi folks

I am currently in my probation period and am likely going to resign for one reason or another. My contract says notice period is a month, this is fine however under the probation section it says the employer only has to give a weeks notice to end employment...Is it reasonable they only have to give a week yet i have to give a month?

Ultimately I can give a month but a week would be better if i accept the new role i have on offer.

Thanks

[Bungleaio]

Last one I had said it was a month following probation but either party can give a weeks notice during the probation period.

It would be unfair for you to have to do a month if your employer only has to give you a week.

[designforlife]

Pretty sure that during probabtion if they only give you a week, then you only have to give them a week... could be wrong though.

[Countdown]

journeymanpro said:

Hi folks

I am currently in my probation period and am likely going to resign for one reason or another. My contract says notice period is a month, this is fine however under the probation section it says the employer only has to give a weeks notice to end employment...Is it reasonable they only have to give a week yet i have to give a month?

Ultimately I can give a month but a week would be better if i accept the new role i have on offer.

Thanks

It's reasonable from their point of view, possibly less so from yours (but then they would argue that you knew that when you signed up).

Have a word with your Manager - nobody wants a member of staff who doesnt want to be there so the chances are that they will agree to let you go more quickly.

[chunder27]

If you are not likely to stay, I would simply quit, let them now by email or something, don't put it on a CV and forget about it, they wont want you there and you don't want to be there, pointless to stay in my eyes.

Depends how much you want the money!

[Algarve]

Why did you sign it in the first place if you didn't agree with it?

With that said, if you've only just started then its highly unlikely they'll want you in there if you've already decided to quit. I'd just speak to them and agree a mutually convenient day to go. At the point of knowing you don't want to be there they'll be equally glad to see the back of you as you will be them. They won't want you there another month.

[journeymanpro]

I haven't said I don't agree with it, if I have to give a month then that's what I'll do. In my industry word gets around fast if you burn bridges and pull stunts.

[Algarve]

journeymanpro said:

I haven't said I don't agree with it, if I have to give a month then that's what I'll do. In my industry word gets around fast if you burn bridges and pull stunts.

What kinda burning bridges and stunts? Do you mean lying and singing contracts you don't intend to stick to?

[bearman68]

Algarve said:

What kinda burning bridges and stunts? Do you mean lying and singing contracts you don't intend to stick to?

Harsh - he's never said that he will break the contract. The probationary period works both ways.

[Xaero]

Had this at my work a few weeks ago. Member of staff handed in notice, they were coming up to 6 months, and told to work their 4 week notice. But just left after 4 days clearing desk out subtly a little each day.

I don't think it will affect things for you long term unless someone there really has it in for you. Most businesses understand that keeping staff unhappy in a long notice period is generally not a good idea.

[journeymanpro]

Algarve said:

What kinda burning bridges and stunts? Do you mean lying and singing contracts you don't intend to stick to?

Lying? Please explain.

[Algarve]

journeymanpro said:

Lying? Please explain.

It certainly looks like we're heading down the path of you not wanting to honour the notice period, or this thread wouldn't exist?

[OMITN]

chunder27 said:

If you are not likely to stay, I would simply quit, let them now by email or something, don't put it on a CV and forget about it, they wont want you there and you don't want to be there, pointless to stay in my eyes.

Depends how much you want the money!

I’m guessing you aren’t professionally qualified? I’ve seen people struck off for doing that....

[journeymanpro]

Algarve said:

It certainly looks like we're heading down the path of you not wanting to honour the notice period, or this thread wouldn't exist?

Not the case at all and if so, where does lying come into it?

[journeymanpro]

OMITN said:

I’m guessing you aren’t professionally qualified? I’ve seen people struck off for doing that....

Agreed, do that in my game and your name becomes mud very quickly.

[Algarve]

journeymanpro said:

Algarve said:

It certainly looks like we're heading down the path of you not wanting to honour the notice period, or this thread wouldn't exist?

Not the case at all and if so, where does lying come into it?

I think most people would see it as dishonest/lying if they felt you signed a contract that you had no intention of upholding.

[Ian Geary]

Algarve said:

journeymanpro said:

Algarve said:

It certainly looks like we're heading down the path of you not wanting to honour the notice period, or this thread wouldn't exist?

Not the case at all and if so, where does lying come into it?

I think most people would see it as dishonest/lying if they felt you signed a contract that you had no intention of upholding.

The original poster has not stated at what point the "one reason or another" became known to them.

It would be unreasonable to assume the poster signed their employment contract having already had decided that they would leave, and even more unreasonable to suggest that this action was a "lie".

Still, keep flogging the dead horse - you never know, it might move.

[TIGA84]

Algarve said:

journeymanpro said:

Algarve said:

It certainly looks like we're heading down the path of you not wanting to honour the notice period, or this thread wouldn't exist?

Not the case at all and if so, where does lying come into it?

I think most people would see it as dishonest/lying if they felt you signed a contract that you had no intention of upholding.

How can you uphold a contract of employment with no end date? Should he work there forever then?

[anonymous-user]

TIGA84 said:

How can you uphold a contract of employment with no end date? Should he work there forever then?

The notice period is one month. Once you've given notice you have an end date. If you resign and refuse to work the notice, you're in breach.

In practical terms, an employer is unlikely to bother trying to enforce the notice period when the employee is new and not that senior. You're only going to get paid what you've worked, though.

I'm not aware of a principle why a contract of employment cannot place the statutory notice requirement on the employer and a longer one on the employee. When negotiating a new employment contract you might want to ask for this to be levelled one way or the other.

[Bungleaio]

I've had a bit of experiance in situations like this.

Many years ago I started a job, the first day it turned out to not be at all like they had described in the interviews, went back the second day and I was even more convinced that it wasn't right, the third day and after a bit of thinking overnight I didn't go in and called them saying I wouldn't be in again as it wasn't the job they had made out. They said fair enough and we went our separate ways. They didn't pay me for the 2 days I'd done and I didn't expect it.

Another job I got was great but it turned out despite the office being in the Midlands all the work was miles away, I had sites to visit in London, Southend, Portsmouth etc. It was a great job but the mileage was incredible so after a couple of months I handed my notice in and gave them the 7 days period that my contract said was required. They said they could really do with me staying a bit longer and I agreed to do 2 weeks.

Both places I very much had the intention of working at for a long time but they weren't right for me. That's the whole point of a probation period, its a probation for both the employee and employer.