3 Months Notice During Probation

michael2856

Hi,

I am desperate for some advice regarding resigning from my company. I have been here for 8 weeks and I am on a year long probation period. Unfortunately the role is not working out for me and as per my T&C's I have submitted my 3 months notice to my line manager who has been very understanding etc. The tone he is taking makes it sound like I will be going within the next week however I have given 3 months notice as expected. Having read our company policy regarding probation, it makes no reference to a shorter notice period during the first year and refers you to the T&C's given at the start of appointment which are generic for certain grades.
I have a feeling they are going to say this is your last day next week so don't worry about the 3 months however my argument is I don't have another job to go to yet and I am willing to work the notice, especially as I want to find something else first. Albeit brave I've jumped before I have something else I know. If I was to fail my probation due to poor performance their terms clearly state we will pay you in lieu of notice as per your contract which is 3 months unless I am summarily dismissed through gross misconduct. My question is can I argue you the fact they're trying to make me go early without pay in lieu/not letting me work the 3 months? It seems if I don't hand my notice in and stay here but perform poorly, they will dismiss me through failed probation and pay me 3 months in lieu? Any help ASAP would be greatly appreciated. I have spoken to ACAS briefly who stated that unless it says "there's a shorter notice period during probation" then they don't have a leg to stand on.

Thanks in advance

agrinnall

For once it sounds like ACAS have probably got this right, if your contract says 3 months notice then there are 3 options: you work the 3 months, you are put on gardening leave for the 3 months, or you are allowed to leave earlier and paid in lieu of notice.

Undervalued

Yes.

If they want you to go sooner then they will have to pay you for the notice period.

They could insist you take any accrued holiday during the notice period but if they don't then they will have to pay you for that too.

Takeaway_Addict

If I were the employer I would make you work your time unless you have access to sensitive details.

Then I would hope you would get a new job early and need to start asap and then I would be willing to let you leave earlier but without full notice payment as I know you would not turn a job down for a few weeks extra pay.

michael2856

Thank you both for your replies. What should I do if they say this is your leaving date i.e. next week and therefore we will pay you up until then. I won't say the name of the company but all I will say is it's a university and I've noticed they do things rather differently. For example the sick pay policy states I am entitled to 6 months full pay and 6 months half pay from day one! Need I say more.

Takeaway_Addict

Firstly tell them that your contract states a 3 months notice period and you wish to work it out.

Puts the ball back into their court.

michael2856

Well I handed my notice in yesterday and my line manager asked me to go home and to have a real long hard think, which I did, and he has now accepted it. He said he will get back to me with the next steps. I really am on edge with everything as i am not the strongest of character's and he is. I don't want to be backed into a corner and give in to leaving early with nothing when i am willing to work the notice. Surely from the company's point of view they would do well to add a clause/line in the T&C's stating a shorter notice period operates during the probationary period.

Undervalued

michael2856 wrote: »

Thank you both for your replies. What should I do if they say this is your leaving date i.e. next week and therefore we will pay you up until then. I won't say the name of the company but all I will say is it's a university and I've noticed they do things rather differently. For example the sick pay policy states I am entitled to 6 months full pay and 6 months half pay from day one! Need I say more.

Well then I imagine if they get difficult (which frankly is unlikely) then the stress of it all will take you to your doctor for a sick note!

Seriously though, with that type of employer you are unlikely to have a problem.

michael2856

Again thank you all for your advice...i really appreciate it. I have looked through the probation policy, my offer letter and terms and conditions and i cannot find anywhere about a shorter notice period during probation. Is there any other policy i should be looking out for just in case? I have literally read everything just to be safe however you clever people may be able to let me know of another policy i should be clued up on.

Undervalued

michael2856 wrote: »

Again thank you all for your advice...i really appreciate it. I have looked through the probation policy, my offer letter and terms and conditions and i cannot find anywhere about a shorter notice period during probation. Is there any other policy i should be looking out for just in case? I have literally read everything just to be safe however you clever people may be able to let me know of another policy i should be clued up on.

Well we don't have access to your paperwork but universities are usually pretty straight and up front about their terms and conditions so it is unlikely to be deeply hidden.

Obviously they could get you to spend the next three months straightening out the paperclips......

michael2856

Undervalued wrote: »

Well we don't have access to your paperwork but universities are usually pretty straight and up front about their terms and conditions so it is unlikely to be deeply hidden.

Obviously they could get you to spend the next three months straightening out the paperclips......

Very true and that would be interesting however i could then turn disruptive but not to the point of sumarily dismisal which surely would not bode well for them...and also i doubt they will have the budget to replace me whilst i am still in post. I am willing to remain in post, it just seems if you're rubbish at your job and become a pain then they will fail your probation and pay you 3 months to go!!