Probation and notice periods - contract wording 8 January at 3:49PM in Employment, jobseeking & training 3 replies 134 views

AdamAndTheAnts

Hello everyone,
I have done a search but cannot find a specific answer, so many thanks in advance to anyone for helping.

I am beyond my 6 month probationary period, but this is not yet confirmed as complete (due to staff sickness, Xmas etc) but is due to be at on Wednesday. I wish to resign tomorrow, and am aware that I need to give one week's notice while on probation, and 1 month once this is completed.

I am aware that without a final sign off, it is still considered as passed, however my contract states: "On successful completion of your probationary period and confirmation of your employment, either party may terminate your employment by giving the other party a minimum of one months’  written notice." 

Would I have grounds to state that as the contract states "and confirmation of your employment" which I have not received, that I am not required to serve the one month's notice?

Cheers all,
Adam

General_Grant

If you want to resign tomorrow, resign tomorrow and say you are giving one week's notice, specifying the date of your final day as their employee.

If they came back to say that you had to give one month's notice then you can argue the point that the change to one month requires "confirmation of your employment" which you had not received.

Would you actually be willing to negotiate for longer than one week?  Do you have another job to begin immediately?

AdamAndTheAnts

General_Grant said:

If you want to resign tomorrow, resign tomorrow and say you are giving one week's notice, specifying the date of your final day as their employee.

If they came back to say that you had to give one month's notice then you can argue the point that the change to one month requires "confirmation of your employment" which you had not received.

Would you actually be willing to negotiate for longer than one week?  Do you have another job to begin immediately?

Thank you Grant (or General?!). I can negotiate for longer, but I am re-locating, so wanted to go sooner rather than later really. My future employment starts in 5 weeks, so I can do the month if needs be, but it leaves me very tight. 

Marcon

Few employers will want an employee to hang around for any longer than necessary once they've decided to leave, especially where they are as new as you are. 

General_Grant said:

If you want to resign tomorrow, resign tomorrow and say you are giving one week's notice, specifying the date of your final day as their employee.

I'd add in an extra bit to the effect that this is in accordance with your contract, given that you have not yet had confirmation of your employer after successfully completing your probationary period.