Notice Period Legal obligation

S

SoonToLeave

Guest
Hi,
Last year I took a full time job that that had a probationary period of six months and in order to be made permanent I had to pass a certification exam but I didn’t manage to pass the exams as it was in another field and I found it very hard. My company agreed to extend the probation for another six months and I was again set the same task of passing the same exam. During the probationary period my notice period was 1 week but would move to 4 weeks once I was made permanent.
I passed the exam before the end of the notice period and was told that I would be made permanent but was never given a new contract to sign and never agreed to anything, I was told that HR would send out the documents in the post but I never received any documents, all this happened about one week before the end of my probationary period.
But 10 days later (10 days after the end of the probationary period) I handed in my notice and was asked to fulfil my months’ notice period but I thought I was only obliged to see out a weeks’ notice as I haven’t signed a new contract or agreed to another contract. I am being told that I wouldn’t have received a new contract or asked to agree a new contract and that once I had fulfilled the obligations of the probationary period then I automatically moved onto the terms of the full time contract. The document that HR would send out would only be a notification of my being made permanent, I was informed.
Can someone confirm whether I do have to see out a months’ notice or whether I am within my rights to see out the one weeks’ notice?
Thank you.
 
It should say something in your contract. If the contract (or letter extending your probation period) does say that you automatically become "permanent" on passing your exams, you can see your employer's point. However, if the contract or letter says that you will be informed of your "permanent" status, then if you resigned prior to being told that, my view is that the 1-week notice is sufficient.

Obvs bear in mind the potential damage caused by irritating a former employer - if it was me (assuming there was nothing in the contract clearing this up), I'd try to compromise on it.
 
Back
Top