probation period

chris.lewis

Hi,

I started my current job on the 4th december 2009 with a six month probation period, it said in the contract that if they wanted they could extend it by 3 months if not my probation period would be automatically confirmed. In my probation period the notice period was one week however after that its one month.

However I have been offered a new job who want me to start next week, if I only give a weeks notice can my current company sue me or withhold owed wages?

fengirl_2

They cannot withold wages for work done. Has your probation been formally ended?

chris.lewis

I havent recieved anything in writing from the company, my contract says, so im really not sure if im still in it or not as my 6 months is up:


PROBATIONARY PERIOD
This clause 6 will not apply to you if you have completed six (6) months of
continuous employment with the Company.
The first six (6) months of your continuous employment will be probationary and
your performance, conduct and suitability for continued employment will be reviewed
during this probationary period by your line manager.
The Company may, at its absolute discretion, extend the probationary period by up to
a further three months.
Your employment may be terminated at any time during or at the end of the
probationary period by either party to this Agreement giving to the other party not less
than one week’s notice of termination of employment.

TERMINATION
Following the successful completion of the probationary period and subject to the
remainder of this clause 22, your employment may be terminated by either party tothis Agreement giving to the other party not less than one month notice in writing or
such longer period as may be required by statute.
The Company may terminate your employment without notice and without a payment
in lieu of notice in the event that you commit an act of gross misconduct, dishonesty
or gross negligence.

getmore4less

One month is how I read that,

Do you have an unconditional offer from the new place.

chris.lewis

No its a 6 month contract for a lot lot more money. They are currently transferring my security clearance before sending me a contract, once I have this I will resign from my current job. This section:

Your employment may be terminated at any time during or at the end of the
probationary period by either party to this Agreement giving to the other party not less
than one week’s notice of termination of employment.

Leads me to think that maybe I can terminate until they confirm it with me.

getmore4less

This clause 6 will not apply to you if you have completed six (6)months of continuous employment with the Company

I read that as automativaly being acceptable on completion of 6month.

They either have to give you 1 weeks notice or extend uptothe 3 months(and can only do this once) at or before the end.


Is the new job in any way competative, they will probably let you go if it is.

chris.lewis

No totally different sector, but I have a feeling they wont just let me go as I do a lot of work for them in a relatively small company. If I did decide to walk out could I be sued?

SarEl

The position in law is that unless you are notified that your have not passed a probationary period before the end date, you have passed it. Regardless of what it may say in the contract (or what you may wish to interpret it as saying!), the law is very clear on this point, and your notice period is therefore one month.

An employer can sue an employee for breach of contract provided that they can show quantifiable losses - in other words, and actual cost to them. So if they had to employ a temp to cover your work, they could sue you for the full costs of this for the period of your notice that you do not work - even if this cost more than your salary.

Being sued by an employer on these grounds does not happen very often, but it can happen and occasionally does happen. So it's up to your whether you take the risk.

chris.lewis

Thank you so much that is 100% clear now.