In Probation, 1 Weeks Notice, Starting new Job in 4 weeks, would like some advice.

Duk

Hi,

I have recently accepted an offer for a new role and they want me to start on the 18th July.

I am currently on probation (Extended) until 17th July (3 months until 6 months). The wording in my contract states:

Notice Period:
During the probationary period - 1 week by either party
13 weeks to 4 years continuous service - 12 weeks by employee/4 weeks by employer

I am currently over 13 weeks but still in my probationary period, my salary is ~55k pa

I have known the company for a while (Although I have worked FOR them for 5 months, I have worked WITH them for over 6 years at different companies and them as a third party) and I feel bad knowing I have a new job and knowing they are not looking at recruiting.I know I should not but I have a lot of good friends there and they have been good to me, it's just purely the line manager I cannot get along with and there is no one else I can report to. Small company 30 staff.

So I have 4 questions.

a) Am I still in my probation period technically, I have an officially headed letter or does that now not matter as I am past the 13 weeks?

b) I have my suspicions that this letter was written by my line manager only without their boss's consent (The CEO who is also HR), I do not think the CEO knows my probation is extended, I think this was a trick for me to respect my manager's authority more as they are very much a "Do what I tell you even if it compromises your role" boss.

c) If I did give 4 weeks' notice, could they then just give me one week's notice even though I handed in my notice first and am trying to be nice? I do not want to suddenly be without 3 weeks' pay.

d) if I gave 1 week's notice, could they try and say I should have given 12 and am in breach of contract? I know they need to prove I am losing them money by leaving that quickly but I understand this is a long and difficult process for them to prove.

I really do not know what is the best option here. my heart tells me to give them 4 weeks' notice and be nice and hopefully, they will be nice back as I do have project work to finish. but my brain is telling me to give them the minimum of 1 week's notice and move on.

Any help appreciated.

Undervalued

"Probation" has very little meaning in employment law so it is almost entirely a contractual matter.

You say that your probation has been extended until 17 July, so it seems fairly clear that you only have to give a week's notice as you are still under probation.

Assuming that is so then yes, if you give more than a week's notice they could counter by giving you notice to leave in one week.

Realistically what will happen if you stay? Will you "pass" the extended probation? Or, will be be extended again? Or will you be give a week's notice to leave?

Will they be "nice"?

Duk

Undervalued said:

"Probation" has very little meaning in employment law so it is almost entirely a contractual matter.

You say that your probation has been extended until 17 July, so it seems fairly clear that you only have to give a week's notice as you are still under probation.

Assuming that is so then yes, if you give more than a week's notice they could counter by giving you notice to leave in one week.

Realistically what will happen if you stay? Will you "pass" the extended probation? Or, will be be extended again? Or will you be give a week's notice to leave?

Will they be "nice"?

Thanks for your answer, I will pass my probation for sure, I know they are very happy with my work (my team, managers and the CEO), It is just the line manager who wants me to be a yes person rather than challenge them on some of the ideas, products they want to implement. I have always thought it was best to discuss this as a team as the team (including me) are the experts in the field and the manager has no expertise in the field except project and people management, So constructive collaboration is better.

Will it be extended again: I don't know, I can't change the person I am and I am not going to say yes to things I disagree with as it could compromise my role.

This is the problem really, I think they would allow me to work 4 weeks notice but there is always the chance they wont, after a discussion with some friends yesterday I decided maybe giving them 2 weeks is best,, thing way I give them a little more notice but I would also be more likely to be kept on to finish off some small projects.

Marcon

Duk said:

Hi,

I have recently accepted an offer for a new role and they want me to start on the 18th July.

I am currently on probation (Extended) until 17th July (3 months until 6 months). The wording in my contract states:

Notice Period:
During the probationary period - 1 week by either party
13 weeks to 4 years continuous service - 12 weeks by employee/4 weeks by employer

I am currently over 13 weeks but still in my probationary period, my salary is ~55k pa

I have known the company for a while (Although I have worked FOR them for 5 months, I have worked WITH them for over 6 years at different companies and them as a third party) and I feel bad knowing I have a new job and knowing they are not looking at recruiting.I know I should not but I have a lot of good friends there and they have been good to me, it's just purely the line manager I cannot get along with and there is no one else I can report to. Small company 30 staff.

So I have 4 questions.

a) Am I still in my probation period technically, I have an officially headed letter or does that now not matter as I am past the 13 weeks?

b) I have my suspicions that this letter was written by my line manager only without their boss's consent (The CEO who is also HR), I do not think the CEO knows my probation is extended, I think this was a trick for me to respect my manager's authority more as they are very much a "Do what I tell you even if it compromises your role" boss.

c) If I did give 4 weeks' notice, could they then just give me one week's notice even though I handed in my notice first and am trying to be nice? I do not want to suddenly be without 3 weeks' pay.

d) if I gave 1 week's notice, could they try and say I should have given 12 and am in breach of contract? I know they need to prove I am losing them money by leaving that quickly but I understand this is a long and difficult process for them to prove.

I really do not know what is the best option here. my heart tells me to give them 4 weeks' notice and be nice and hopefully, they will be nice back as I do have project work to finish. but my brain is telling me to give them the minimum of 1 week's notice and move on.

Any help appreciated.

There seems to be quite a lot of emotion/subjective (over)thinking going on in your post. Take a step back and think about what is best for you and how that 'best' can be achieved. 

Duk said:

Undervalued said:

"Probation" has very little meaning in employment law so it is almost entirely a contractual matter.

You say that your probation has been extended until 17 July, so it seems fairly clear that you only have to give a week's notice as you are still under probation.

Assuming that is so then yes, if you give more than a week's notice they could counter by giving you notice to leave in one week.

Realistically what will happen if you stay? Will you "pass" the extended probation? Or, will be be extended again? Or will you be give a week's notice to leave?

Will they be "nice"?

Thanks for your answer, I will pass my probation for sure, I know they are very happy with my work (my team, managers and the CEO), It is just the line manager who wants me to be a yes person rather than challenge them on some of the ideas, products they want to implement. I have always thought it was best to discuss this as a team as the team (including me) are the experts in the field and the manager has no expertise in the field except project and people management, So constructive collaboration is better.

Will it be extended again: I don't know, I can't change the person I am and I am not going to say yes to things I disagree with as it could compromise my role.

You're contradicting yourself. Not everyone is 'very happy' with your work or your probation period wouldn't have been extended. You're not even sure if it will be extended again, so there are clearly some significant gaps between what you'd like to be true and what appears to be the reality of the situation. The fact you've been job hunting at all after so short a time with your employer indicates that something isn't right.

Duk said:

This is the problem really, I think they would allow me to work 4 weeks notice but there is always the chance they wont, after a discussion with some friends yesterday I decided maybe giving them 2 weeks is best,, thing way I give them a little more notice but I would also be more likely to be kept on to finish off some small projects.

Why are you so worried about looking 'nice'? You've only been employed by your current employer for 5 months. Take the emotion out of it and look to your own interests. The reality is that your probationary period has been extended, despite the fact the company has worked with you for 6 years; that tells quite a story.

The company has given itself the option of dismissing you with one week's notice. You've got the same option: dismissing them with a week's notice. Why the anguish about doing just that? If your CEO doesn't know your probation has been extended, that'll be one for your line manager to explain when you leave.

TELLIT01

There is ambiguity as there is a specific statement about notice requirements after 13 weeks, but also one saying only 1 week notice is required during probation.  If you have anything on company headed paper stating that you are still on probation it's going to be difficult for them to argue that 4 weeks notice is required.

Don't worry about the problem it may or may not cause the company.  They have to manage when staff are on leave or off sick so they will manage once you leave.