Question on notice periods.....
Discussion
My missus wants to leave her current job so we can go travelling. She's been there less than 2 years and during the initial probation period the notice period was 1 month on both sides.
Following a successful probation period, there was then a conversation along the lines of "Well done, we're going to keep you on, the notice period is now 3 months".
She spoke to HR who indicated that a new contract needed to be signed but this hasn't happened.
So the question is: if she hands her notice in, what is the notice period? 1 month or 3 months?
She thinks it's still 1 month because that's the period on the signed paperwork. I think it's 3 months because the terms were changed (albeit verbally) and she implicitly accepted the terms by carrying on working there.
Ta!
Following a successful probation period, there was then a conversation along the lines of "Well done, we're going to keep you on, the notice period is now 3 months".
She spoke to HR who indicated that a new contract needed to be signed but this hasn't happened.
So the question is: if she hands her notice in, what is the notice period? 1 month or 3 months?
She thinks it's still 1 month because that's the period on the signed paperwork. I think it's 3 months because the terms were changed (albeit verbally) and she implicitly accepted the terms by carrying on working there.
Ta!
bigandclever said:
My missus wants to leave her current job so we can go travelling. She's been there less than 2 years and during the initial probation period the notice period was 1 month on both sides.
Following a successful probation period, there was then a conversation along the lines of "Well done, we're going to keep you on, the notice period is now 3 months".
She spoke to HR who indicated that a new contract needed to be signed but this hasn't happened.
So the question is: if she hands her notice in, what is the notice period? 1 month or 3 months?
She thinks it's still 1 month because that's the period on the signed paperwork. I think it's 3 months because the terms were changed (albeit verbally) and she implicitly accepted the terms by carrying on working there.
Ta!
Why doesn't she just ask HR? There might not be an issue.Following a successful probation period, there was then a conversation along the lines of "Well done, we're going to keep you on, the notice period is now 3 months".
She spoke to HR who indicated that a new contract needed to be signed but this hasn't happened.
So the question is: if she hands her notice in, what is the notice period? 1 month or 3 months?
She thinks it's still 1 month because that's the period on the signed paperwork. I think it's 3 months because the terms were changed (albeit verbally) and she implicitly accepted the terms by carrying on working there.
Ta!
bigandclever said:
Yep, that's tomorrow's job. I just want to be right for a change 
If it says 1 month in the contract then she can give 1 month.To be honest, if she writes to HR and says "I hereby give one months notice" then they will accept it unless she's a real key employee with sensitive knowledge.
bigandclever said:
My missus wants to leave her current job so we can go travelling. She's been there less than 2 years and during the initial probation period the notice period was 1 month on both sides.
Following a successful probation period, there was then a conversation along the lines of "Well done, we're going to keep you on, the notice period is now 3 months".
She spoke to HR who indicated that a new contract needed to be signed but this hasn't happened.
So the question is: if she hands her notice in, what is the notice period? 1 month or 3 months?
She thinks it's still 1 month because that's the period on the signed paperwork. I think it's 3 months because the terms were changed (albeit verbally) and she implicitly accepted the terms by carrying on working there.
Ta!
So it says that during her probation period the notice period was one month because that was on the signed paperwork.Following a successful probation period, there was then a conversation along the lines of "Well done, we're going to keep you on, the notice period is now 3 months".
She spoke to HR who indicated that a new contract needed to be signed but this hasn't happened.
So the question is: if she hands her notice in, what is the notice period? 1 month or 3 months?
She thinks it's still 1 month because that's the period on the signed paperwork. I think it's 3 months because the terms were changed (albeit verbally) and she implicitly accepted the terms by carrying on working there.
Ta!
And, she wants this part of the contract to stand as she signed nothing since?
Would she be happy if her company treated her under her probation contract for other things now?
Just being devil's advocate to explain the 'fairness' issue. However if she was aware that she completed her period and her terms changed and she accepted those then they stand. They really should have put them in writing, but to be fair it sounds like both parties knew the score when the employment status changed.
In practical terms she would be better off just asking for a months notice period and talking to people about it.
If an employee is seen to shaft an employer over a notice period it is unfortunately the last thing that is remembered about them, especially when it comes to writing references in years to come...
bigandclever said:
My missus wants to leave her current job so we can go travelling. She's been there less than 2 years and during the initial probation period the notice period was 1 month on both sides.
Following a successful probation period, there was then a conversation along the lines of "Well done, we're going to keep you on, the notice period is now 3 months".
She spoke to HR who indicated that a new contract needed to be signed but this hasn't happened.
So the question is: if she hands her notice in, what is the notice period? 1 month or 3 months?
She thinks it's still 1 month because that's the period on the signed paperwork. I think it's 3 months because the terms were changed (albeit verbally) and she implicitly accepted the terms by carrying on working there.
Ta!
I think it's still one month. The contract can only be changed by her agreeing to it and signing it, not by doing nothing and carrying on. Jealous of your travelling plans! Have fun!Following a successful probation period, there was then a conversation along the lines of "Well done, we're going to keep you on, the notice period is now 3 months".
She spoke to HR who indicated that a new contract needed to be signed but this hasn't happened.
So the question is: if she hands her notice in, what is the notice period? 1 month or 3 months?
She thinks it's still 1 month because that's the period on the signed paperwork. I think it's 3 months because the terms were changed (albeit verbally) and she implicitly accepted the terms by carrying on working there.
Ta!
JustinP1 said:
So it says that during her probation period the notice period was one month because that was on the signed paperwork.
And, she wants this part of the contract to stand as she signed nothing since?
Would she be happy if her company treated her under her probation contract for other things now?
Just being devil's advocate to explain the 'fairness' issue. However if she was aware that she completed her period and her terms changed and she accepted those then they stand. They really should have put them in writing, but to be fair it sounds like both parties knew the score when the employment status changed.
In practical terms she would be better off just asking for a months notice period and talking to people about it.
If an employee is seen to shaft an employer over a notice period it is unfortunately the last thing that is remembered about them, especially when it comes to writing references in years to come...
All very good points, you devils advocate And, she wants this part of the contract to stand as she signed nothing since?
Would she be happy if her company treated her under her probation contract for other things now?
Just being devil's advocate to explain the 'fairness' issue. However if she was aware that she completed her period and her terms changed and she accepted those then they stand. They really should have put them in writing, but to be fair it sounds like both parties knew the score when the employment status changed.
In practical terms she would be better off just asking for a months notice period and talking to people about it.
If an employee is seen to shaft an employer over a notice period it is unfortunately the last thing that is remembered about them, especially when it comes to writing references in years to come...
A quick chat with HR is on the cards for tomorrow. Maybe they'll give her 3 months money and tell her to clear her desk, that'd be nice
Thankyou all for your input.
bigandclever said:
JustinP1 said:
So it says that during her probation period the notice period was one month because that was on the signed paperwork.
And, she wants this part of the contract to stand as she signed nothing since?
Would she be happy if her company treated her under her probation contract for other things now?
Just being devil's advocate to explain the 'fairness' issue. However if she was aware that she completed her period and her terms changed and she accepted those then they stand. They really should have put them in writing, but to be fair it sounds like both parties knew the score when the employment status changed.
In practical terms she would be better off just asking for a months notice period and talking to people about it.
If an employee is seen to shaft an employer over a notice period it is unfortunately the last thing that is remembered about them, especially when it comes to writing references in years to come...
All very good points, you devils advocate And, she wants this part of the contract to stand as she signed nothing since?
Would she be happy if her company treated her under her probation contract for other things now?
Just being devil's advocate to explain the 'fairness' issue. However if she was aware that she completed her period and her terms changed and she accepted those then they stand. They really should have put them in writing, but to be fair it sounds like both parties knew the score when the employment status changed.
In practical terms she would be better off just asking for a months notice period and talking to people about it.
If an employee is seen to shaft an employer over a notice period it is unfortunately the last thing that is remembered about them, especially when it comes to writing references in years to come...
A quick chat with HR is on the cards for tomorrow. Maybe they'll give her 3 months money and tell her to clear her desk, that'd be nice
Thankyou all for your input.
That makes it slightly different then.
It was my assumption that the change to three months was made in a formal way when offering or confirming a new contract.
It sounds like to me that the 3 month notice thing was mentioned in a more informal way and time - and may not even be correct.
I would say that the correct period would be a month as the contract already made this provision of what it would be after the probation period was over.
If you hand in written notice of a month my guess is it will never be questioned, if it is, then you can always call upon the written contract as this did make the specific provision of terms after the probation period. To me, that seems more than reasonable.
Good luck travelling!
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