Probation period

jolester

Hi,

I believe that there is a minimum of weeks notice to be given by an employer if an employee has worked between one month and two years?

However, if a contract of employment has been signed which states there is a probationary period of three months, during which time employee or employer can terminate the contract with 24 hours notice does this over ride the minimum stated above? Is what I've stated in the first paragraph a law?

Thanks for any help

Guest101

4. Notice periods

You must be given a notice period before your employment ends.
The statutory redundancy notice periods are:

• at least one week’s notice if employed between one month and 2 years
• one week’s notice for each year if employed between 2 and 12 years
• 12 weeks’ notice if employed for 12 years or more

Check your contract. Your employer may give you more than the statutory minimum, but they can’t give you less.

jolester

Thanks for the reply,

If the reason is dismissal - (or rather during the "probation period" either party has decided that they don't wish wish to continue with the employment) not redundancy does the same still apply?

Many thanks

Guest101

jolester wrote: »

Thanks for the reply,

If the reason is dismissal - (or rather during the "probation period" either party has decided that they don't wish wish to continue with the employment) not redundancy does the same still apply?

Many thanks

Dismissal - have the company followed their own dismissal procedure?


Either way the notice period is 1 week.


They've stated their position. there's absolutely zero point arguing this with them any further.


You send this - in the post:


Letter Before Action:


Dear ____


Under statute I am entitled to 1 weeks' notice period. You have stated you wish to give me 24hrs, I will therefore assume the remainder was "Garden Leave". Please provide me with payment of £XXX.XX (the total sum before tax - 1 weeks pay, based on average hours) with-in 14 days.


Failure to do so will lead to further legal action, for which you may incur additional costs.


Regards


(unless of course this was gross misconduct, but then the company procedure would've applied)

Undervalued

jolester wrote: »

Thanks for the reply,

If the reason is dismissal - (or rather during the "probation period" either party has decided that they don't wish wish to continue with the employment) not redundancy does the same still apply?

Many thanks

Yes.

If he has worked over for over a month then they must give a week's notice unless he is guilty of gross misconduct.

A contract can add to your legal rights but it can't reduce them.