Notice period during probation?

VodkaSorbet

Hi, I'm struggling to find a definitive answer to this despite Googling.

I'm 4 months into a 6 month probationary period of a new job and handed my notice in yesterday. Initially they told me my notice period was 1 week. Today they have changed their minds and say it is 1 month.

My contract states they have to give me 1 week's notice during my probationary period but says nothing about what I have to give them. In a separate clause it states my notice period is 1 month.

Will I have to work the 1 month notice if they enforce it?

I don't want to just walk away after a week as I am owed over £800 in holiday pay.

Thanks!

getmore4less

your notice is 1 month if that is what it says.

VodkaSorbet

Is it legal to have a contract where they only have to give a week's notice but I have to give a month then?

getmore4less

VodkaSorbet wrote: »

Is it legal to have a contract where they only have to give a week's notice but I have to give a month then?

no restrictions on different notice periods.

InsideInsurance

getmore4less wrote: »

no restrictions on different notice periods.

I'm not an expert on employment law but generally unequal termination rights etc are considered unfair and thus unenforceable - does employment law explicitly over rule this?

Pricivius

InsideInsurance wrote: »

I'm not an expert on employment law but generally unequal termination rights etc are considered unfair and thus unenforceable - does employment law explicitly over rule this?

On the contrary, the minimum statutory notice that the employer has to give after 1 month is 1 week up to 2 years' employment and then another wek for every year employed up to 12 years. The minimum statutory notice that the employee has to give after 1 month is 1 week.

Most companies will ensure their notice periods are the same for employee or employer but there is no obligation to do so, as long as the periods are the same as or longer than the statutory minimums.

Uncertain

InsideInsurance wrote: »

I'm not an expert on employment law but generally unequal termination rights etc are considered unfair and thus unenforceable - does employment law explicitly over rule this?

Short answer is yes.

In fact the law tends to make the most common situation unequal. Probably the common length of contractual notice required of an employee in a standard job is a month. However if he has been there for five years or more the employer has to give more, if they are the ones giving notice, as the law require 1 week per year of service up to 12. This legal requirement doesn't work both ways.

Edit: cross posted with the above.

InsideInsurance

Uncertain wrote: »

In fact the law tends to make the most common situation unequal.

I agree they can, but almost always in favour of the "little guy" (consumer/ employee etc) but just because statute for a particular circumstances changes the basic principles doesn't mean it eradicates the principle in other circumstances