Advice on notice period / probation period / resigning
Discussion
I started at a company just over six months ago. I've had some big red flags even from the first hour and just really haven't gotten along with the team I work in. Some of the behaviour I've seen has been deeply unprofessional and probably bullying in reality.
I have verbally flagged some of these issues to my boss - Who's never said too much about it.
Fast forward to now, I've verbally accepted a role at another company and so I'm drafting my letter of resignation.
I went to double check my contract and found something interesting:
The probation period is three months and during probation myself or the company could have served one months notice to exit.
Now I was verbally informed my probation period had been signed off - But I never saw anything in writing, be it a letter to my home, an email etc.
I actually emailed HR a few weeks after being verbally told about my probation period:
"I’m told I passed my probation 2/3 weeks ago – But haven’t received confirmation of this or any information on the colleague discount.
Are you able to check that its not been missed?"
Response:
"You should have received a confirmation letter, I’ll look into that for you."
I didn't receive anything further. (But I did get my colleague discount - which supposedly you only get once probation is passed)
Appreciate it wouldn't be the most graceful way of doing things, to announce my resignation and say I'm giving them a months notice but I really hate it here and it's made me a bit depressed at times.
I'm tempted to formally resign and ask my boss if I could leave early given that I've had a bad time with it and flagged issues with the team (Although probably not loudly or as often enough) and only if then do it get resistance to an early departure, bring up and say I don't particularly want to exploit this but...I have never been told in writing that I passed probation, hence I will work one months notice.
Would would you do?
I have verbally flagged some of these issues to my boss - Who's never said too much about it.
Fast forward to now, I've verbally accepted a role at another company and so I'm drafting my letter of resignation.
I went to double check my contract and found something interesting:
The probation period is three months and during probation myself or the company could have served one months notice to exit.
Now I was verbally informed my probation period had been signed off - But I never saw anything in writing, be it a letter to my home, an email etc.
I actually emailed HR a few weeks after being verbally told about my probation period:
"I’m told I passed my probation 2/3 weeks ago – But haven’t received confirmation of this or any information on the colleague discount.
Are you able to check that its not been missed?"
Response:
"You should have received a confirmation letter, I’ll look into that for you."
I didn't receive anything further. (But I did get my colleague discount - which supposedly you only get once probation is passed)
Appreciate it wouldn't be the most graceful way of doing things, to announce my resignation and say I'm giving them a months notice but I really hate it here and it's made me a bit depressed at times.
I'm tempted to formally resign and ask my boss if I could leave early given that I've had a bad time with it and flagged issues with the team (Although probably not loudly or as often enough) and only if then do it get resistance to an early departure, bring up and say I don't particularly want to exploit this but...I have never been told in writing that I passed probation, hence I will work one months notice.
Would would you do?
I had very similar with an organisation I worked for for 5 months some year back.
On my first day I'd said that that contract term was not fair and should be the same for both sides - didn't sign the contract, flagged that term in particular, and HR said they'd look into it.
Roll on 4 months and I resigned, they insisted on 3 months. I was working to 1.
They said they'd pursue it to the end and my new company said they'd wait. Eventually the employer I was leaving and I agreed at 6 weeks.
I did believe at the time it could be enforced despite me not signing, or at least they could have made life very difficult.
On my first day I'd said that that contract term was not fair and should be the same for both sides - didn't sign the contract, flagged that term in particular, and HR said they'd look into it.
Roll on 4 months and I resigned, they insisted on 3 months. I was working to 1.
They said they'd pursue it to the end and my new company said they'd wait. Eventually the employer I was leaving and I agreed at 6 weeks.
I did believe at the time it could be enforced despite me not signing, or at least they could have made life very difficult.
You can leave at any time. At the end of this week if you like.
Technically they can say you are in breach of contract. But are they really going to force you to come in to work? And how effective are you going to be? Sit there all day with your feet on your desk drinking coffee and surfing PH?
Any company HR with an ounce of common sense will realise that you can do far more damage by being forced to work your notice than by agreeing a leaving date. They know you don't want to be there, they know your heart isn't in it and mentally you are already at your next place.
Technically they can say you are in breach of contract. But are they really going to force you to come in to work? And how effective are you going to be? Sit there all day with your feet on your desk drinking coffee and surfing PH?
Any company HR with an ounce of common sense will realise that you can do far more damage by being forced to work your notice than by agreeing a leaving date. They know you don't want to be there, they know your heart isn't in it and mentally you are already at your next place.
Resign. Say to your boss that you will handover as soon as possible.
Then either arrange to leave after 1 month, or stay employed for three months enjoying the last two in the garden.
You are in control of the situation in reality, no-one takes three months to handover in the real world if they don't want to.
Then either arrange to leave after 1 month, or stay employed for three months enjoying the last two in the garden.
You are in control of the situation in reality, no-one takes three months to handover in the real world if they don't want to.
Edited by CharlesElliott on Tuesday 22 February 20:39
Cheers. Makes sense however my concern would be that its not so much about time taken to handover, rather them feeling they need me as a resource in a team where before knowing of my desire to leave they wanted to hire another one of me.
I guess the point stands, how much will they want to force someone to stay that really doesn't want to be there.
I guess the point stands, how much will they want to force someone to stay that really doesn't want to be there.
How much damage could you do if you were so inclined by being forced to stay?
Don't do anything to make them think that their worst fears won't be realised. Obviously you aren't going to be a complete arse and are going to do the decent thing, but they don't know that.
They will compromise. As others have said, you are in charge here. You hold all the cards.
Don't do anything to make them think that their worst fears won't be realised. Obviously you aren't going to be a complete arse and are going to do the decent thing, but they don't know that.
They will compromise. As others have said, you are in charge here. You hold all the cards.
First of all, not an employment expert! But, I doubt you have a leg to stand on re probation, you've been told you've passed and you've continued to work.
You could leave, you need to consider how it would look to your new employer (especially if they are still to take a reference), you're showing you'll leave when it suits you.
Also, depending on the role, if you're leaving them in trouble they can hire a temp, likely at a much higher rate, then come after you for the difference (for notice period).
Your call, I've been in a situation where I hated the company and agreed two weeks instead of four, always better to talk and try and reach compromise, you never know when you'll meet/need those people again! Plus it speaks to integrity (IMO).
You could leave, you need to consider how it would look to your new employer (especially if they are still to take a reference), you're showing you'll leave when it suits you.
Also, depending on the role, if you're leaving them in trouble they can hire a temp, likely at a much higher rate, then come after you for the difference (for notice period).
Your call, I've been in a situation where I hated the company and agreed two weeks instead of four, always better to talk and try and reach compromise, you never know when you'll meet/need those people again! Plus it speaks to integrity (IMO).
Tyre Smoke said:
You can leave at any time. At the end of this week if you like.
Technically they can say you are in breach of contract. But are they really going to force you to come in to work? And how effective are you going to be? Sit there all day with your feet on your desk drinking coffee and surfing PH?
Any company HR with an ounce of common sense will realise that you can do far more damage by being forced to work your notice than by agreeing a leaving date. They know you don't want to be there, they know your heart isn't in it and mentally you are already at your next place.
Whilst this is true, it's also the case that in breaching the contract the company has every legal right to pursue the employee for any losses incurred and - I believe - withhold the P45 at least until any loss or liability is paid. Simply walking out of a job is never a good idea no matter how tempting it may be.Technically they can say you are in breach of contract. But are they really going to force you to come in to work? And how effective are you going to be? Sit there all day with your feet on your desk drinking coffee and surfing PH?
Any company HR with an ounce of common sense will realise that you can do far more damage by being forced to work your notice than by agreeing a leaving date. They know you don't want to be there, they know your heart isn't in it and mentally you are already at your next place.
EB89 said:
I guess the point stands, how much will they want to force someone to stay that really doesn't want to be there.
Who knows? Much depends on your role and the impact you leaving will have in the short term.
Unless you have been informed to the contrary, probation is passed automatically after the time stated in the contract regardless of any official confirmation. You might be able to argue against this but would be a weak argument.
Edited by StevieBee on Wednesday 23 February 13:24
The probation thing is a red herring. The rules are if you haven't been formally told your probation period is extended you're deemed to have passed. Source is I tried to get rid of someone in their probation period on 1 weeks notice, but we couldn't meet till 2 days after his period had expired and I had to pay him the full contract notice period.
What you could / should do is to resign and negotiate your notice period. Your boss won't want an unhappy camper around for 3 months.
What you could / should do is to resign and negotiate your notice period. Your boss won't want an unhappy camper around for 3 months.
Collectingbrass said:
The probation thing is a red herring. The rules are if you haven't been formally told your probation period is extended you're deemed to have passed. Source is I tried to get rid of someone in their probation period on 1 weeks notice, but we couldn't meet till 2 days after his period had expired and I had to pay him the full contract notice period.
What you could / should do is to resign and negotiate your notice period. Your boss won't want an unhappy camper around for 3 months.
Correct, your probation has been passed and there is little point in trying to argue this point. What you could / should do is to resign and negotiate your notice period. Your boss won't want an unhappy camper around for 3 months.
Speak to your manager and be respectful but firm. You are not happy in the role and will be leaving on X date however you will produce a full handover and will work hard until you go.
If they object to this you raise a lengthy and detailed grievance about the unprofessional / bulling points (cc'd to directors (and any shareholders that you know of)) and raise a Data Subject Access Request. You then go off sick and invite them to reconsider their position.
So I had the resignation chat, got the impression my boss didn't want detail on particular negative events that got me to this position.
Anyways Interestingly he said in passing "bloody hell you'll be going before me!" (He resigned in January and is on three months notice)
So I just agreed really, spur of the moment. Then he mentioned one month specifically again...
So I wrapped up the call, speaking super clearly to say. What I can promise you I will be committed to doing as much as I can and doing a high quality handover in my remaining month. He thanked me.
Since I've had my last day confirmed in writing (I initiated the email) and HR book in an exit interview.
Bizarre, but all a hell of a lot easier than I thought!
Anyways Interestingly he said in passing "bloody hell you'll be going before me!" (He resigned in January and is on three months notice)
So I just agreed really, spur of the moment. Then he mentioned one month specifically again...
So I wrapped up the call, speaking super clearly to say. What I can promise you I will be committed to doing as much as I can and doing a high quality handover in my remaining month. He thanked me.
Since I've had my last day confirmed in writing (I initiated the email) and HR book in an exit interview.
Bizarre, but all a hell of a lot easier than I thought!
EB89 said:
So I had the resignation chat, got the impression my boss didn't want detail on particular negative events that got me to this position.
Anyways Interestingly he said in passing "bloody hell you'll be going before me!" (He resigned in January and is on three months notice)
So I just agreed really, spur of the moment. Then he mentioned one month specifically again...
So I wrapped up the call, speaking super clearly to say. What I can promise you I will be committed to doing as much as I can and doing a high quality handover in my remaining month. He thanked me.
Since I've had my last day confirmed in writing (I initiated the email) and HR book in an exit interview.
Bizarre, but all a hell of a lot easier than I thought!
Glad it sounds like it worked out. In my experience once someone has resigned most companies don't want them hanging around for long notice periods.Anyways Interestingly he said in passing "bloody hell you'll be going before me!" (He resigned in January and is on three months notice)
So I just agreed really, spur of the moment. Then he mentioned one month specifically again...
So I wrapped up the call, speaking super clearly to say. What I can promise you I will be committed to doing as much as I can and doing a high quality handover in my remaining month. He thanked me.
Since I've had my last day confirmed in writing (I initiated the email) and HR book in an exit interview.
Bizarre, but all a hell of a lot easier than I thought!
Onwards and upwards for you!
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