Notice period while on probation

Morganarla

Hey all - need some advice.

I've been offered my dream job tonight - better hours, more money, closer to home, and it's working for someone I've wanted to work for my whole career - it is a MASSIVE priviledge to be offered the position.

Thing is, my current employer requires four weeks notice, even though I'm in my probation period (have worked for them on and off for four years, but start a new contract with a new probation every time I go back) - it used to be a week on my previous contracts.

If I don't start with my new job within two weeks, I will lose it. Due to the nature of the position, and the desperate need for it to be filled, they will have to hire someone else. I really, really don't want to loose this job...

My current employers are... not decent employers. There is no employee support, extremely long hours (12+ hours a day, sometimes 6 days a week), very low pay, incredibly stressful working conditions, coupled with very strong signs that the business is is trouble (branches closing, redundancies etc...) I know, KNOW that if they wanted to be rid of me during my probation period, I would not be given four weeks notice.

Any advice on what to do? I'm tempted to hand all my keys in, dump my uniform, and say 'Screw you.' to my manager tomorrow, and then whizz off to my new job - would make me so happy :rotfl:

But of course I can't do that.

ACAS has advised that the statutory minimum notice on probation is one week, and the rest is a contratctual issue, worst case scenario being that current employer takes me to court for costs of replacing me (unlikely I feel.)

My inkling is to hand in my notice tomorrow, quote ACAS on the one week thing, give notice up until 29th February (just short of two weeks) and plead with new employer to be understanding. And hope for the best. And take the verbal flack for it in the meantime.:(

Thoughts?

t0rt0ise

I certainly wouldn't hand my notice in quoting ACAS as, apart from what they have told you being totally irrelevant, you are hardly going to get what you want that way. Write a letter of resignation thanking them for employing you over the last 4 years and giving you experience in the field or a good grounding blah blah and explain that your new employer would like you to start on such and such a date. If they don't agree then you can decide whether to just walk. I probably would, thinking that if they did win a court case, the amount of money you'd lose would be worth it.

Morganarla

I've just spoken with new employer (now that's dedication, discussing work at 10pm haha!) - they understand I want to do the right thing but at the same time keep everyone happy - but they really are desperate for me to start. Got to keep them updated.

Thanks for the advice re ACAS t0rt0ise, the reason I was going to quote it was the from experience current company tend to make up laws and rules as they go along - I've had to correct them many times over the years.

The amount of money I would lose I gues would be the cost of hiring a temp to cover my slot - for two weeks this could mount up to £1000.. (hourly rates for temps in my field are quite high) - if they did win this, considering I am in a hell of a lot of debt and currently trying to climb out of it, would the court rule that I paid them back in small installments? ACAS proposed the scenario of 10p per month for 30 years as a broad example...

an9i77

I'd try to resolve it as amicably as possible, say that you understand the need to work your notice but you may lose out on this new opportunity, can you negotiate a part-waiver of your notice period to, eg, two weeks.
If they say no, say that you really can't afford to lose the opportunity and will be leaving on x date.
Most employers will realise that they cannot force you to work two more weeks when your new job is on the line, and will negotiate the reduced notice period. If you're not dependent on a reference from them (has your new employer taken references?) then you have little to lose, but it's always best to resolve these things as amicably as you can.
The statutory notice period in your case does not apply as your contractual term (four weeks) over rides this, so what acas have said is neither here nor there.

an9i77

Sorry just read your last post, it's not unheard of, but unlikely for you to be taken to court - if so I guess you'd be allowed to pay it back in installments if you didn't have the funds available but I'm not really an expert in that - I'd advise you not to worry about it now though as it may very well not happen particularly if your current employer is not the most thorough employer out there (as you alluded to in your opening post).

Go for it and enjoy the new job!

Morganarla

Something maybe I should've mentioned in my first post (speaking to new employer once again on the phone just now reminded me) - I'm wary of telling my new employer that I've got a new job. The profession I work in is quite close knit in the area I live in, and I'd rather they didn't know where I was going initially. But I should probably just suck it up and tell them, right?

I am SO excited about the new job, just wish this notice thing was simpler!

Thanks for all the advice so far btw guys xx

EDIT: Not dependant on them for a reference at all, in fact they only provide date references as standard - I have been given outstanding personal references from two colleagues today which landed me the new position.

anamenottaken

Morganarla wrote: »

The amount of money I would lose I gues would be the cost of hiring a temp to cover my slot - for two weeks this could mount up to £1000.. (hourly rates for temps in my field are quite high) - if they did win this, considering I am in a hell of a lot of debt and currently trying to climb out of it, would the court rule that I paid them back in small installments? ACAS proposed the scenario of 10p per month for 30 years as a broad example...

Is the £1000 the cost of the temp to the employer? If so, they would have to deduct what it would have cost to pay you (including employers NI and any pension contribution). They could only try to recoup their additional cost in employing someone else.

Sambucus_Nigra

I'd look at my contract and see what it says first, before I do anything. If it's a week, I'd give my week's notice. But I'd do whatever it took to get at that new job on the date they wanted me. I'd be straight and say that I was going as it is too much of an opportunity to miss and I'd argue that as they are currently making redundancies they should be well placed to pop someone into my role for the duration, and being that I am still on probation and still learning - that should not be a problem and I am in essence doing them a favour by minimising paperwork for them.

heretolearn_2

Try eating a little humble pie for the result you want.

don't mention ACAS or the one week statutory leave - for one thing this has nothing to do with your being on probation so you either misunderstood ACAS or as usual got one of their numpties on the phone - but it is totally irrelevant as your contract states something else entirely. If you bring this up you'll just get up your employers nose - if you didn't agree with the contract you shouldn't have gone there, and it'll look like you are criticising their contracts.

Also don't tell them you are 'doing them a favour' by releasing a post for someone who could be made redundant otherwise!

Just acknowledge the situation that you understand you are required to give one months' leave, ask if they would kindly consider releasing you after two weeks, and apologise for any inconvenience this causes.

That might just get a yes.

pelirocco

Morganarla wrote: »

I've just spoken with new employer (now that's dedication, discussing work at 10pm haha!) - they understand I want to do the right thing but at the same time keep everyone happy - but they really are desperate for me to start. Got to keep them updated.

Thanks for the advice re ACAS t0rt0ise, the reason I was going to quote it was the from experience current company tend to make up laws and rules as they go along - I've had to correct them many times over the years.

The amount of money I would lose I gues would be the cost of hiring a temp to cover my slot - for two weeks this could mount up to £1000.. (hourly rates for temps in my field are quite high) - if they did win this, considering I am in a hell of a lot of debt and currently trying to climb out of it, would the court rule that I paid them back in small installments? ACAS proposed the scenario of 10p per month for 30 years as a broad example...

You never know ........they might just be glad to get rid of you;):rotfl:

getmore4less

Just hand in your notice no mention of the urgency.

That way if they want you to leave early they still have to pay full notice.

if it helps that you are going somewhere they won't like mention it verbaly not in writing, couldstart with hints to other staff mentioning they might be hiring more.

if they don't try to get you to finish early then it is negotiation time
a number of options
use up holiday
Mumble about having some time off before you start the new job(don't give them any idea that it is urgent) to refresh.
Won't be productive
otheres won't like hte idea of working with you as you re leaving
etc.
Complain about things that are not nice about working there