Resigning during probation period - help!

chevychels

Hi everyone, I'm not sure who to ask so thought I'd try here! I've been working for a company since September (so nearly two months) and it just isn't what I want to do. I have another job lined up but I just wanted to check what my notice period would be.

In my contract it says "Following successful completion of your probationary period (company) may give you notice in writing to terminate your employment of not less than one week for the first year plus one week for each additional year. If you wish to terminate your employment, you must give notice in writing of not less than four weeks." As I'm still in my probationary period, I'm not sure how long I can give.

It's a relatively small company so they don't have a HR department to contact, and I'd rather not rock the boat with my boss saying I don't know how long to give, for them to try and demand four weeks out of me.

Any help would be greatly appreciated!
Thanks!

[Deleted User]

If you are over 4 weeks of being there and outside of 'passing company probation', it is a week if you want to keep civil.

I put in my letter I understood if they wanted me to leave immediately and that opened up a conversation with there being no HR dept and the business levels being as they are.

tomtontom

The term you have quoted is ambiguous, it could be argued that you need to give four weeks notice (the sentence regarding your giving notice does not refer to a probationary period). I would suggest speaking to your manager and asking for clarification, and if it's not what you are hoping for negotiating an earlier date. As you've been there such a short time I doubt they'll want to drag it out.

getmore4less

I read that as 4 weeks notice.

What does it say about notice for the company before probation is completed?

chevychels

It doesn't say anything about leaving during the probationary period. I'd much rather have one weeks' notice, that's for sure!

ohreally

Contra proferentem - offer them 1 week.

http://uk.practicallaw.com/4-383-2653

moneyonmymindsam

One week notice ..I assume you have had no letter or conversation to say you have passed your probation? If you have then it would be fair to give 4 . If it was me would give one week .
Good luck

ACG

It is ambiguous, added to that I dont believe a company can force you to give 4 weeks but they only have to give 1 - contracts have to be fair and that is not (unless its a highly specialised position maybe).

I would give them 1 week, if they decide to push it just ask them to take it to court and see who the judge sides with...they are unlikely to push it that far as it will cost them time and money which as a small firm its just not worth it.

getmore4less

If you wish to terminate your employment, you must give notice in writing of not less than four weeks.

In the context given that is a standalone statement.
pretty clear to me.

If there is some other context like a headed para then it may be different.

HappyMJ

Another vote for 1 week's notice.

You could just leave without giving any notice at all if it's really that bad but don't expect to be paid for your last week of work.

getmore4less

ACG wrote: »

It is ambiguous, added to that I dont believe a company can force you to give 4 weeks but they only have to give 1 - contracts have to be fair and that is not (unless its a highly specialised position maybe).

I would give them 1 week, if they decide to push it just ask them to take it to court and see who the judge sides with...they are unlikely to push it that far as it will cost them time and money which as a small firm its just not worth it.

legal to have unballanced notice,

Stautory is very unballanced and changes over time