Discussion
Hi all, some advice would be very much appreciated.
I accepted a position of employment in December with a company I'd been temping for. My notice period is three months. I then had to give notice earlier this month for personal reasons. My line manager mentioned the three month notice period, which I am fine with.
My last working day should be the 27th April, but, as my manager has already found my replacement, he's now making noises about 'letting me out of' my notice period and me leaving around mid-March.
Am I correct in thinking if my employer wishes me to leave earlier than the end of my notice period, they should pay me to the 27th April?
There has been no mention of the company's three month probationary period - where I would only have had to give a months notice instead of three. My manager immediately quoted the three month period when I handed my notice in (maybe they've assumed my 'probationary' period was the time I spent temping with them, which was 4.5 months).
I accepted a position of employment in December with a company I'd been temping for. My notice period is three months. I then had to give notice earlier this month for personal reasons. My line manager mentioned the three month notice period, which I am fine with.
My last working day should be the 27th April, but, as my manager has already found my replacement, he's now making noises about 'letting me out of' my notice period and me leaving around mid-March.
Am I correct in thinking if my employer wishes me to leave earlier than the end of my notice period, they should pay me to the 27th April?
There has been no mention of the company's three month probationary period - where I would only have had to give a months notice instead of three. My manager immediately quoted the three month period when I handed my notice in (maybe they've assumed my 'probationary' period was the time I spent temping with them, which was 4.5 months).
Hi,
Sounds a little complicated, ignoring the probation period for a moment.
The company can only release you earlier than your contractual three months notice period by mutual consent. This would typically be because you have found another role to go to, so are happy to forgo notice in order to start quicker elsewhere.
For the company it doesn’t work this way, they made the contract and the terms, so they have to abide by them. Your notice is until April 27th. Even if they tell you not to come in, they still need to pay you.
On the probationary period, they are on dodgy ground if they try that, since after 4.5 months they hired you permanently. In any ET they would lose. Since you pretty much have to align Temporary and Permanent employee rights these days.
(I work in HR)
Sounds a little complicated, ignoring the probation period for a moment.
The company can only release you earlier than your contractual three months notice period by mutual consent. This would typically be because you have found another role to go to, so are happy to forgo notice in order to start quicker elsewhere.
For the company it doesn’t work this way, they made the contract and the terms, so they have to abide by them. Your notice is until April 27th. Even if they tell you not to come in, they still need to pay you.
On the probationary period, they are on dodgy ground if they try that, since after 4.5 months they hired you permanently. In any ET they would lose. Since you pretty much have to align Temporary and Permanent employee rights these days.
(I work in HR)
Fallon said:
My last working day should be the 27th April, but, as my manager has already found my replacement, he's now making noises about 'letting me out of' my notice period and me leaving around mid-March..
Maybe 'leaving' isn't the same as 'paid until'.They may just want you out so they can get the new guy in and started rather than have someone about to leave possibly working ineffectively or being counter-productive.
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