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Leaving a job during probationary period - what are my rights?

twoexfortyfive
Posts: 2 Newbie
I've been working in my current job for just over 3 weeks now. Fair to say I've had a horrible time with my managers, who are being incredibly impatient and rude with me - even though I'm trying my absolute best to learn quickly, and get used to how they do things... I won't go into too much detail, but last week I overheard one of them talking about me, how I was slow to pick things up and questioning whether they could keep me. This is incredibly concerning to me, I've never felt so much pressure or impatience during a probationary period... or that I might be sacked any second! I'm also very experienced, and this role was meant to be quite senior (it's a very small business). In fact I am being treated like an intern or recent graduate, the opposite to how they treated me at interview. This situation is awfully sad, as I left quite a good role for this - and took a small pay cut!
I am ready to hand in my notice, but what rights do I have in this situation? My contract states the following:
You may terminate your employment by giving the Company not less than 3 months' written notice of termination of employment.
Your employment may be terminated by the Company by providing written notice as follows:
- during probationary period one week's notice;
- following the probationary period four weeks' notice if you have been continuously employed for up to four years, and then
- one week's notice for each completed year of employment from four completed years up to a maximum of twelve weeks' notice
If you fail to give any notice to the Company or give the incorrect notice, the Company shall not pay you the salary you would have been entitled to during the unworked notice period. In the event that you are paid salary in these circumstances, for all or a portion of any unworked notice period, the Company reserves the right to require immediate repayment of such sum.
The Company may, by written notice to you, elect to pay salary in lieu of notice in respect of all or any unworked period of notice. The Company also reserves the right to place you on garden leave during your notice period. During your garden leave period, you may be required by the Company, at its discretion to:
i) perform no duties or to perform different duties for some or all of the duration of the notice period; and/or
ii) refrain from contacting any employees, consultants and clients or any other business contact of the Company without the prior written agreement of the Company; and/or
iii) not enter all or any premises of the Company; and/or
iv) return to the Company all property, documents and other materials (including copies) which are in your possession or control and which belong to or have been entrusted to the Company.
During any period of garden leave, you shall continue to owe a duty of utmost good faith to the Company and shall remain bound by the terms and conditions of your employment and, in particular, the “Restrictions during employment” clause.
If I hand my notice in during the probationary period (3 months), am I then liable to give 3 months written notice as above, even though they can only give me a week? Does this go both ways or is it negotiable? They seem to dislike me, so I'm not convinced they would try and make me stay for 3 months... but in the other extreme can they just tell me to pack my bags and leave the same day? If so, would I be entitled to receive pay in lieu of that one week? I don't have another full time position lined up so financially that last week would be useful.
Is it possible they might put me on garden leave? I didn't think this happened during probationary periods, but considering I manage the company's projects and finances maybe my role is sensitive enough for this?
This is the first time I've ever left a job during probation, or for these reasons... would appreciate your advice!
I am ready to hand in my notice, but what rights do I have in this situation? My contract states the following:
You may terminate your employment by giving the Company not less than 3 months' written notice of termination of employment.
Your employment may be terminated by the Company by providing written notice as follows:
- during probationary period one week's notice;
- following the probationary period four weeks' notice if you have been continuously employed for up to four years, and then
- one week's notice for each completed year of employment from four completed years up to a maximum of twelve weeks' notice
If you fail to give any notice to the Company or give the incorrect notice, the Company shall not pay you the salary you would have been entitled to during the unworked notice period. In the event that you are paid salary in these circumstances, for all or a portion of any unworked notice period, the Company reserves the right to require immediate repayment of such sum.
The Company may, by written notice to you, elect to pay salary in lieu of notice in respect of all or any unworked period of notice. The Company also reserves the right to place you on garden leave during your notice period. During your garden leave period, you may be required by the Company, at its discretion to:
i) perform no duties or to perform different duties for some or all of the duration of the notice period; and/or
ii) refrain from contacting any employees, consultants and clients or any other business contact of the Company without the prior written agreement of the Company; and/or
iii) not enter all or any premises of the Company; and/or
iv) return to the Company all property, documents and other materials (including copies) which are in your possession or control and which belong to or have been entrusted to the Company.
During any period of garden leave, you shall continue to owe a duty of utmost good faith to the Company and shall remain bound by the terms and conditions of your employment and, in particular, the “Restrictions during employment” clause.
If I hand my notice in during the probationary period (3 months), am I then liable to give 3 months written notice as above, even though they can only give me a week? Does this go both ways or is it negotiable? They seem to dislike me, so I'm not convinced they would try and make me stay for 3 months... but in the other extreme can they just tell me to pack my bags and leave the same day? If so, would I be entitled to receive pay in lieu of that one week? I don't have another full time position lined up so financially that last week would be useful.
Is it possible they might put me on garden leave? I didn't think this happened during probationary periods, but considering I manage the company's projects and finances maybe my role is sensitive enough for this?
This is the first time I've ever left a job during probation, or for these reasons... would appreciate your advice!
0
Comments
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Resigning looks better than being sacked on your CV. If you have any disability problems use that. Are you dyslexic?Do you want your money back, and a bit more, search for 'money claim online' - They don't like it up 'em Captain Mainwaring0
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twoexfortyfive wrote: »I've been working in my current job for just over 3 weeks now.
. . .
I am ready to hand in my notice, but what rights do I have in this situation? My contract states the following:
You may terminate your employment by giving the Company not less than 3 months' written notice of termination of employment.
Your employment may be terminated by the Company by providing written notice as follows:
- during probationary period one week's notice;
- following the probationary period four weeks' notice if you have been continuously employed for up to four years, and then
- one week's notice for each completed year of employment from four completed years up to a maximum of twelve weeks' notice
If you fail to give any notice to the Company or give the incorrect notice, the Company shall not pay you the salary you would have been entitled to during the unworked notice period. In the event that you are paid salary in these circumstances, for all or a portion of any unworked notice period, the Company reserves the right to require immediate repayment of such sum.
The Company may, by written notice to you, elect to pay salary in lieu of notice in respect of all or any unworked period of notice. The Company also reserves the right to place you on garden leave during your notice period. During your garden leave period, you may be required by the Company, at its discretion to:
i) perform no duties or to perform different duties for some or all of the duration of the notice period; and/or
ii) refrain from contacting any employees, consultants and clients or any other business contact of the Company without the prior written agreement of the Company; and/or
iii) not enter all or any premises of the Company; and/or
iv) return to the Company all property, documents and other materials (including copies) which are in your possession or control and which belong to or have been entrusted to the Company.
During any period of garden leave, you shall continue to owe a duty of utmost good faith to the Company and shall remain bound by the terms and conditions of your employment and, in particular, the “Restrictions during employment” clause.
If I hand my notice in during the probationary period (3 months), am I then liable to give 3 months written notice as above, even though they can only give me a week? Does this go both ways or is it negotiable? They seem to dislike me, so I'm not convinced they would try and make me stay for 3 months... but in the other extreme can they just tell me to pack my bags and leave the same day? If so, would I be entitled to receive pay in lieu of that one week? I don't have another full time position lined up so financially that last week would be useful.
Is it possible they might put me on garden leave? I didn't think this happened during probationary periods, but considering I manage the company's projects and finances maybe my role is sensitive enough for this?
That wording shows that they need give you only one week's notice (that statutory minimum once someone has worked for one month but applicable to you because it is in your contract). Notice periods do not have to be equal, so it is right that you would still have to give 3 months' notice.
As you have worked there for such a short space of time, they could dismiss you easily in response to your 3 months' notice and need only pay you for that one week. They could ask you to leave the premises immediately but they would have to pay you.
Nobody can say whether they would ask you to work full notice (the over-heard conversation may have been staged so you heard it) but they could put you on gardening leave for the full 3 months if they wished - as long as they paid you - but it is much more likely they would go for one week garden leave unless you had a lot of sensitive knowledge of the company which would be of particular benefit to a competitor if available soon.0 -
Resigning looks better than being sacked on your CV. If you have any disability problems use that. Are you dyslexic?
No, and I'm not sure how disability is relevant here?Nobody can say whether they would ask you to work full notice (the over-heard conversation may have been staged so you heard it) but they could put you on gardening leave for the full 3 months if they wished - as long as they paid you - but it is much more likely they would go for one week garden leave unless you had a lot of sensitive knowledge of the company which would be of particular benefit to a competitor if available soon.
Actually, I overheard the conversation through a wall! They are very thin here, and I was walking past to grab a drink. I definitely don't think I was meant to hear!
Thank you for your advice - I'm going to quit today, hopefully notice period is able to be negotiated. I don't think they can afford to put me on gardening leave and take on a new person immediately, so I'm guessing they will either give me a week or let me go today.0 -
If they haven't recruited for your previous role and you still have a good relationship with them, it may be worth a call to say things haven't worked out and you regret leaving...!
Good luck with it.' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".0 -
I left my most recent job 6 weeks into employment so during my probationary period for almost exactly the same reasons you are experiencing, although I didn't overhear any conversations about me.
I simply went home at the end of the day (last day of the month & payday) and spoke to HR the next morning to explain why I didn't want to return. The listened, apologised to me & told me I didn't have to work my weeks' notice, they even paid the outstanding holiday I was due.
Could you have a chat with HR?0
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