Probationary Period

[FredBloggs]

A freind of mine has recently started a new job. He has been in it for about a month and prior to starting it he'd applied for several jobs. He really hates his new job and today he got a job offer from one of the other jobs.(They want him to start ASAP)
He signed a contract when he started his new job which states that he must give 3 months notice so he figures this ties him in where he is. But his contract also states the first 6 months is probationary so he wonders is this an out.

When he asked me what I thought I said I'd post the query here for him. Does anyone know his legal position? I suggested he go talk to his employer one way or another and explain the situation to them - they'd hardly want an unhappy employee. But he feels they'd make life difficult for him and would stick him to the three months

 

[ClubMan]

Any use?

Giving notice when changing your job

I think the contract takes precedence here so they might want to discuss it with the employer and/or take their chances!

Situations where notice is not required

An employer is entitled to at least one week's notice from an employee who has been working for the employer for 13 weeks or more. If an employee has been working for an employer for less than 13 weeks and has no contractual obligation to give notice then the employee is not obliged to give notice.

 

[FredBloggs]

Thanks Clubman - I'll let him know. Does the discretionary period have any relevance?

 

[LeitrimLady]

Often contractual clauses of extended notice dont kick in until prob period successfully completed. Check detail on prob period in contract or employee handbook. It would be normal that either party can terminate with one weeks notice. Failing that it is unlikley that employer will want to enforce 3 months with such a short period completed already. I would be surprised if they didnt agree a shorter exit period.

 

[Stifster]

Unless he is highly skilled i can't imagine that the employer would want an unproductive employee for that long.

IN addition it would be very difficult for the employer to enforce such a period as the law does not, for the most part, force people to work for someone against their will.

The employer generally entitles themselves to give the employee a weeks notice during the probationary period and this should be the same for the employee giving notice.

 

[shipibo]

Contracts are not legally binding documents, and employer would have to bring you to court, would,nt fancy puttin, a case together for detriment to business as your pals only worked their for a month !!!


A professional courtesy would be a weeks notice.Friend should write letter and hand to employer, dated and signed.

 

[FredBloggs]

Thanks for all your posts. I'll pass your comments on to him. Stifster - he felt that during the probationary period a weeks notice might suffice as you have suggested but wasn't sure that this was legally the case and was/is afraid the employer will hold him to the three months. He's also unsure how it would look on his cv if he got into a legal dispute witht he employer. My own reckoning is it should never become an issue as the gap between his old job and the one he's just been offered is so small he can just airbrush out his current job.
I was talking to him on the phone last night and he said the job as described at interview is not at all like he's experienced. The job does not include paid overtime but it was explained to him that while he would have to work late from time to time this was minimal. What he has found however is that he has had to work late every night (even the day he started). Staff who have worked there for years have said working late is normal. He has also had to work the last two Saturdays. (One employee told him that he worked every Saturday last year except when he was on holidays and seemed quite proud of the achievment) So he wants out! (The salary he got when moving was a premium on what he was on but as he said not so much of a premium to mean he'd no life outside work.)

 

[Stifster]

Thanks for all your posts. I'll pass your comments on to him. Stifster - he felt that during the probationary period a weeks notice might suffice as you have suggested but wasn't sure that this was legally the case and was/is afraid the employer will hold him to the three months. He's also unsure how it would look on his cv if he got into a legal dispute witht he employer. My own reckoning is it should never become an issue as the gap between his old job and the one he's just been offered is so small he can just airbrush out his current job.

You are probably right, any dispute isn't going to come up on his CV or in relation to another job unless they go looking for a reference from the crowd he is currently with.

 

[Black Sheep]

As the job is not as described, surely the Employer is already in breach of the contract so there shouldn't be any problem in giving the minimum notice.