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Not sure about how I am covered re notice period in probationary period

Hi,

I started a job 2 weeks ago and am considering handing in my notice. My employment contract states that I must give them 2 months notice whereas they must give me 1 month. I do not see anything different in the probationary period section, however the contract does state the day I started work as my first day of employment. I am presently looking for a new job and whilst wanting to ensure I have something to go to, I want to make sure I give the appropriate notice. I have a 3 month probationary period. I know that they are unlikely to take me to court if I leave early, however I would rather play by the book and also have the next 2 months salary to put in the bank if possible should I be out of work for a few months.

If anyone could offer any advice on whether i should hold off handing in my notice or hand it in on Monday it would be appreciated. I have 2 interviews next week with others possibly in the offing and whereas I need to leave as i am upset every day due to the conditions, I want to cover myself for the next 2 months whilst not encountering any legal ramifications. I think at the end of the day they may want me for at least a month as I seem to be the only person now with the knowledge to do the job since the last person left. After 2 weeks I can hardly believe it but there you go.

Excuse me if this doesn't quite put across what I am trying to ask, but been a bad week, it's a glass of red wine and a g&t later. I guess at the end of the day I want a) a decent reference b) guaranteed income for the next 2 months subject to not being crap at my job c) to know I have a leaving date from a bad situation (but if it's worth spinning it out if it's making me feel unhappy i don't know anyway).

:o

Many thanks.
Pinky
«1

Comments

  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 2 October 2009 at 7:55PM
    The probationary period seems a bit harsh, have a word with ACAS or look at their site.
    I could understand it if it was a permanent job but............

    The only way you will have a guaranteed income for the next two months is to stay where you are.

    Just because youre going to interviews, in the present employment climate, you could still be going to interviews in 6 months time.

    What is making you so unhappy at work?
    Is there not someone you could talk to in HR about it.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • withabix
    withabix Posts: 9,508 Forumite
    I believe it is illegal for your notice period to be more than theirs.

    I may be wrong.
    British Ex-pat in British Columbia!
  • PinkTwirl
    PinkTwirl Posts: 589 Forumite
    McKneff wrote: »
    The probationary period seems a bit harsh, have a word with ACAS or look at their site.
    I could understand it if it was a permanent job but............

    The only way you will have a guaranteed income for the next two months is to stay where you are.

    Just because youre going to interviews, in the present employment climate, you could still be going to interviews in 6 months time.

    What is making you so unhappy at work?
    Is there not someone you could talk to in HR about it.

    Hi,

    Thanks for the reply :o

    It is a permanent job, the reason that it is making me unhappy is that the factory door leads straight into the office, there is black dust everywhere, it has 1960's decor in it and I'm having nightmares about it. it's depressing and everyone constantly jokes about how they want to get a job somewhere else. around 10 people are leaving/actively looking to leave. i've walked into a dump :(

    The conversations I have to listen to are so coarse also, and people argue in the office. i've taken a huge salary drop too. i guess i panicked and took the first thing offered to me.
  • PinkTwirl
    PinkTwirl Posts: 589 Forumite
    withabix wrote: »
    I believe it is illegal for your notice period to be more than theirs.

    I may be wrong.

    Hi,

    I've been told that, and that if I get something that I should really only give 1 month maximum. I didn't really worry about signing that as I knew it would never hold up in court. I guess I'm being selfish wanting them to honour 2 months to me but at the same time walk out when I get a new job because, however wrong it seems, I've tried to do the right thing for years and now in my thirties, i'm realising it got me nowhere. I hate being like that, I'd like to do things by the book, but know that no company would care if they treated me badly. At the end of the day, I still have a mortgage that I am worried about.

    Thanks for your reply. :o
  • elsien
    elsien Posts: 34,670 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 October 2009 at 8:24PM
    Wait till you have another job then give the best amount of notice you can - I would say a month is more than adequate. I can't see any company taking a new starter to court over notice - not worth their while, and if you do leave early I don't think there's a lot they can do. I've had someone walking out after one day. A colleague had someone say they were nipping to the car to fetch their glasses and they never came back.:rotfl: It is annoying after we've paid the CRB etc, but better than paying money to train people who realise that it just isn't for them and leave after a few weeks anyway.
    In my company we say lots of rude words about whoever has left and landed us in it, then let them get on with it and start recruiting the next person.
    I don't know what the legal position is, but in my experience it never gets that far. So unless you really can't stick it any longer, I'd carry on applying for jobs, hand in 4 weeks notice (or whatever) when you get one, and take it from there.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 2 October 2009 at 8:28PM
    Sorry, i didnt mean temporary, i meant in the period after your probationary period.

    I'm sure you could put up with a bit of bad decor and a bit of dust till you find another job especially if you have a mortgage to pay.

    Like the other posters say, i cant see any legal implications if you just walked out when you get another job. If you have already secured a job you dont need a reference.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • PinkTwirl
    PinkTwirl Posts: 589 Forumite
    elsien wrote: »
    Wait till you have another job then give the best amount of notice you can - I would say a month is more than adequate. I can't see any company taking a new starter to court over notice - not worth their while, and if you do leave early I don't think there's a lot they can do. I've had someone walking out after one day. A colleague had someone say they were nipping to the car to fetch their glasses and they never came back.:rotfl: It is annoying after we've paid the CRB etc, but better than paying money to train people who realise that it just isn't for them and leave after a few weeks anyway.
    In my company we say lots of rude words about whoever has left and landed us in it, then let them get on with it and start recruiting the next person.
    I don't know what the legal position is, but in my experience it never gets that far. So unless you really can't stick it any longer, I'd carry on applying for jobs, hand in 4 weeks notice (or whatever) when you get one, and take it from there.

    Thanks :o i guess if i want until i get something, which is the sensible thing, don't drop the employer in it i.e. keep doing the work and give the best notice i can to help train the next person (ok, the company doesn't give a sh*t about the people who work there already that are so unhappy) but I care about the next person to come in and don't want them drowning at the deep end.

    maybe they might realise i'm unhappy and sack me next week. who knows! it's all been a bit of a disaster re job market, in better times i guess we would all have better choices than being desperate! i guess it won't last long though, i have a lot of experience and qualifications behind me so will console myself with that and drink more wine and enjoy my weekend as much as i can.

    Thanks to everyone who has taken the time to answer, it's appreciated. :o
  • PinkTwirl
    PinkTwirl Posts: 589 Forumite
    McKneff wrote: »
    Sorry, i didnt mean temporary, i meant in the period after your probationary period.

    I'm sure you could put up with a bit of bad decor and a bit of dust till you find another job especially if you have a mortgage to pay.

    Like the other posters say, i cant see any legal implications if you just walked out when you get another job. If you have already secured a job you dont need a reference.

    Thanks, I guess I'm being squeamish. I've cried about 3 times this week. i guess at the end of the day money is money though. and we all need it. the way this world is it keeps a lot of people in bad situations but god knows how else the world would turn otherwise. :o

    true, at the end of the day i've got a couple of good references to fall back on. the rest is just extra i guess!

    thanks :o
  • elsien
    elsien Posts: 34,670 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    PinkTwirl wrote: »
    drink more wine and enjoy my weekend as much as i can.

    :o

    Always a good move in my book. :beer:
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • PinkTwirl
    PinkTwirl Posts: 589 Forumite
    elsien wrote: »
    Always a good move in my book. :beer:

    Oh yeah! Weekends don't last long enough, if only we all had a 4 day week! I reckon we'd all be able to put up with more and do more! Who invented the 5 day week?!?!!! :D:o
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