Had my probation extended, I'm at the end of my tether now and thinking of handing my notice in.

captain_planet

So I posted recently about having my probation extended and got some very helpful advice from here. The story is I started just over 6 months ago, started well but the workload has got unbearable, micromanagement is beyond what I thought possible, the atmosphere is terrible and I honestly dread going in day to day (oh I am supposed to have two days work from home but that is frowned upon...). Anyway, enough about how unhappy I am.

My question is, my contract says 4 weeks notice for termination of contract by either employer or employee in probation period, then three months once passed. As I have had mine extended it is 4 weeks. I am thinking of handing my notice as I simply can't take it anymore. I have had an interview recently and seen a few other jobs etc but for my kind of work there isn't a huge number of jobs (but equally not a huge number of people with experience so hard to find someone who does what I do) so if I hand my notice in it is a risk. What I want to be 100% sure on is the 4 weeks, am I guaranteed this no matter what? I.e. if I say why I want to leave they either say I work for another 4 weeks or I am still employed, get a wage but don't come in.

I get the sense they might do the second one rather than have someone critical of the business and clearly unhappy to be there. The contract states: 

Termination of employment is to be effected either by the employee or employer giving four weeks notice within the probationary period. Following completion of the probationary period; the employee; three month's notice and from the employer; whichever is the greater of;
a) the minimum applicable period of notice prescribed by the employment rights act 1996 or
b) three month's notice
Any such notice under this clause can be given on any day and shall run from the end of that day which notice is given.
The company reserves the right to pay salary in lieu of notice (or combination of salary in lieu and short notice) or require you to remain away from work during this notice period. Any payment made in lieu of notice will be subject to normal statutory deductions. If you are required to remain at home during your notice period, your contract terms and obligations remain in force until the end of the notice period.
The company reserves the right to terminate employment without notice in the case of gross Misconduct by the employee.

Sorry for the long post, just wanted to get all of the info in there and want to be 100% sure I know what I'm doing with this. Your help is much appreciated!
Thanks

On-the-coast

"What I want to be 100% sure on is the 4 weeks, am I guaranteed this no matter what?"  ...except in case of gross misconduct.
I haven't read your other thread, but it's unusual for a notice period to be extended.  Was that in writing - with dates marked clearly for exit from probation, with no possibility for confusion about excatly what was being extended? - I'd have thought that if that were the case your assumptions are correct. And if you're that unhappy you'd be better moving on. Don't forget that the company could insist that you work up to the last day of your month's notice instead of giving you pay in lieu.

Dakta

I don't really understand your question but if the contract states 4 weeks when in probation, then as it's been extended then 4 weeks is what I'd understand it to be.

You shouldn't reduce the notice period as this would be a breach of contract, so if you tell them you're handing in your notice they should't turn around and say 'you can go after 1' (unless they pay the other 3 as well)  but they could pay you off in terms of notice and not expect you to come in. Given your mood I'd consider that a plus tbh.

I hope that answers the query!

Slinky

If you are due any holiday, that could be used to reduce the length of notice, by agreement.

theoretica

You are correct that if you give your notice they need to pay you for the next 4 weeks - unless you agree to leave sooner.  They can tell you that you need to use any accrued holiday in this time.  As you want to leave, handing in notice while you are still in probation sounds like a thought-out choice, and also possibly gives you a good reason to explain to future employers why you left without another job offer.

housebuyer143

Life is too short to work somewhere you clearly hate! I did this when younger and I would never do it again. Quit and work elsewhere. 
I was made redundant this month and while initially it's scary, you have to look on it as an opportunity to find something different or better. There are plenty of jobs and although you say their isn't many, it only takes one 👍 

captain_planet

On-the-coast said:

"What I want to be 100% sure on is the 4 weeks, am I guaranteed this no matter what?"  ...except in case of gross misconduct.
I haven't read your other thread, but it's unusual for a notice period to be extended.  Was that in writing - with dates marked clearly for exit from probation, with no possibility for confusion about excatly what was being extended? - I'd have thought that if that were the case your assumptions are correct. And if you're that unhappy you'd be better moving on. Don't forget that the company could insist that you work up to the last day of your month's notice instead of giving you pay in lieu.

It has been extended until November. The letter makes no mention of notice period so it must revert back to before probation is past i.e. 4 weeks. I just wanted to be sure as I heard some people mention you have little rights if you have worked somewhere for less than 2 years.
Yeah, I'm aware they could also ask me to work until the end which would admittedly be a disaster but I get the feeling they would ask me not to. Someone left mysteriously 'left the business' a couple of months ago so I presume this is what happened.

Slinky

Doesn't always happen. I worked somewhere where people got slung out on resigning, being paid off. (One new person never even made it up the stairs into the office on their first day when they mentioned their other half worked for a competitor. They ended up having to walk back down the half mile long drive as they'd been expecting to get a company car, they'd been dropped off, and this was in the days before mobile phones.) Except when I resigned......... I was the first person who had to work their notice.

Dakta

You have little rights with regards to unfair dismissal etc, but in the case of handing on notice, your contract would stand. The 2 year rule does not give allowance to just say goodbye and we won't pay you for your contracted shifts, though they could say goodbye, it's not working out, please don't come back after your notice period. 

Marcon

captain_planet said:

On-the-coast said:

"What I want to be 100% sure on is the 4 weeks, am I guaranteed this no matter what?"  ...except in case of gross misconduct.
I haven't read your other thread, but it's unusual for a notice period to be extended.  Was that in writing - with dates marked clearly for exit from probation, with no possibility for confusion about excatly what was being extended? - I'd have thought that if that were the case your assumptions are correct. And if you're that unhappy you'd be better moving on. Don't forget that the company could insist that you work up to the last day of your month's notice instead of giving you pay in lieu.

It has been extended until November. The letter makes no mention of notice period so it must revert back to before probation is past i.e. 4 weeks. I just wanted to be sure as I heard some people mention you have little rights if you have worked somewhere for less than 2 years.
Yeah, I'm aware they could also ask me to work until the end which would admittedly be a disaster but I get the feeling they would ask me not to. Someone left mysteriously 'left the business' a couple of months ago so I presume this is what happened.

You have few rights in terms of claiming  unfair dismissal, but if your notice period is 4 weeks and you are sacked without proper notice (whether worked or just paid), that's  wrongful dismissal and applies however short a time you've been employed.

Richard1212

Just resign from a job you hate and if they ask you not to come in again during the 4 week or whatever period, that's fine. But if they demand you work up to the last day of your notice period, what's so bad about that---it's only a little while. Good luck with your job when it comes along.