Boss taking the p*** deductions for quitting

sangie595

Lets do this the simple way. Your notice period is four weeks.

Despite being asked several times, you have not yet explained what deductions will be made - the payments for training etc., during the probationary period do not apply to you. So it appears that you have a four week notice period during which you will be paid as normal, and during which you will be expected to take any owed holidays, which will be paid. What is the problem with that? Other than you don't want to? Because "don't want to" isn't, in fact a reason.

Pendrix

Let's forget the deductions for the minute. You may not agree with me but it's a matter of principle, if nothing else. If I haven't completed a probationary period because I was never on one, I don't see how the contract's clause about that can be enforced. It can't and shouldn't. I should be able to give a weeks notice not four. I'm not a law expert. If this is wrong, somebody please explain to me why. If probationary periods are automatic, please show me where in employment law this is stated.

sangie595

Pendrix wrote: »

Let's forget the deductions for the minute. You may not agree with me but it's a matter of principle, if nothing else. If I haven't completed a probationary period because I was never on one, I don't see how the contract's clause about that can be enforced. It can't and shouldn't. I should be able to give a weeks notice not four. I'm not a law expert. If this is wrong, somebody please explain to me why. If probationary periods are automatic, please show me where in employment law this is stated.

Your employer deems you to have completed a probationary period because of your length of service. You are therefore treated as someone who is not in their probationary period. Your notice is therefore four weeks. If you leave earlier than that they may or may not take action against you. So if you really want to find out whether it will be enforced, leave now. You'll find out soon enough. Your choice.

And lets not forget the deductions. You are the one who is kicking up a fuss about having to work for four weeks for almost no pay. So why do you think there is almost no pay if there are no deductions and you don't owe the employer anything? If, by some chance, you do owe them something - do you? - leaving earlier won't get you out of having to pay it back.

Pendrix

sangie595 wrote: »

Your employer deems you to have completed a probationary period because of your length of service. You are therefore treated as someone who is not in their probationary period.

Ok, so you're saying whatever the employer deems is law!

If I'm being treated as someone who is not in their probationary period, because I was never in a probationary period, then I could not be expected to complete one. Therefore clause about giving four weeks if completed probationary period doesn't apply to me. Contract is flawed.

getmore4less

Don't think you posted the full terms.

From what you have posted the one week only applies during probation

As you are not in probation that clause will no longer apply.

An alternative notice will apply.

sangie595

Pendrix wrote: »

Ok, so you're saying whatever the employer deems is law!

If I'm being treated as someone who is not in their probationary period, because I was never in a probationary period, then I could not be expected to complete one. Therefore clause about giving four weeks if completed probationary period doesn't apply to me. Contract is flawed.

I am saying no such thing. But At this point I give up. You've been told repeatedly by a variety of people what the situation is, and you simply aren't listening. And you refuse point blank to explain the histrionics about working for no pay when asked. You do what you want - you know what the risks are.

Pendrix

Histrionics? Only person having a tantrum here is you. Wow, so childish. I thought this was a discussion forum and isn't that what's happening here a discussion about a contract? Don't make it into something else.

For those interested I'll update on the situation, whatever the outcome. Maybe somebody in a similar situation in the future can benefit.

sangie595

Pendrix wrote: »

Yes, turns out it's not as straight forward as I thought. Apparently I'm in continuous employment from last job which transferred so now boss is claiming my probationary period ended with last employment and therefore under their contract I need to give full four weeks notice and they are going to force me to take holiday pay etc and deductions etc. Basically, I'll be working for next to nothing the next four weeks as punishment for quitting a job I now hate because the new managers are so horrible.

This isn't histrionics? They are going to "force" you to take holiday pay? You will be working for four weeks as punishment? And we are still waiting to be told what these deductions are!

bingo_bango

This blog is by no means a definitive answer to whether or not you have completed probation, but should give you an idea of whether or not you should have completed one.

jobbingmusician

I'm lost. This is what I understand.

You are a worker with x years of completed service, where x>2 so protected from unfair dismissal and employer has to behave fairly.

You have handed in your notice, and employer is rightly insisting that your notice period is 4 weeks.

You refer to deductions from your final salary payment but have not explained what these are for. Clearly they cannot be related to any training in your probationary period.

Your holiday has to be sorted out within these 4 weeks - you have not made it clear whether your emp is forcing you to use your holiday entitlement within this time or whether the deductions relate to holiday time you owe them.

Please clarify, and we may be able to help!