Notice period / leaving with immediate effect

Seaglass18

Hello, I would be very grateful for any help with my situation. I started in a new role on 1st May this year on a fixed term contract to end of the year (31st Dec). In the interview I was told I would be covering for maternity, however the team is in chaos with people leaving / off sick due to stress etc so I seem to be covering for something or someone else - I'm just not sure who. I have quickly worked out that the role itself, the timeline for my learning and the workload, is a very long way from what was presented at interview. I would like to give notice before next week, if I can - ideally to leave immediately to avoid planned meetings and interactions with clients which could dig me deeper in the stress. Even though I am on a fixed term contract, the contract itself says

" The appointment is subject to a probationary period of six months, during which time your performance and conduct will be monitored, and you will be expected to establish your suitability for confirmation in appointment". I have posted the full text from my contract, on notice periods, below. I cannot see anything explicitly mentioned regarding notice within my probationary period, from an employee perspective. It only mentions 'following successful completion of any probationary period'.

My questions are:

As I am still withinin my probationary period, does statutory notice apply?

If so, and I am currently within my first working calendar month, can I resign with immediate effect (or do I need to give a weeks notice)?

Thank you in advance for any advice.

Text from the contract:

Following successful completion of any probationary period, your employment under this contract will be for a fixed period until 31 December 2026 and will come to an end automatically on this date unless your employment is terminated earlier at any time by either party giving the other notice as follows:-

if you have less than 5 years' continuous service either party must given the other 4 weeks' notice; after completion of 5 years' continuous service you must give 4 weeks' notice but the Company shall give you one week for each complete year of continuous employment up to a maximum of 12 weeks' notice.

Nothing in this contract prevents the Company from ending your employment without notice or payment in lieu of notice, in circumstances justifying summary dismissal, including gross misconduct.

The Company may, at its sole discretion, and where either party has given notice, decide to end your employment with immediate effect and make a payment to you in lieu of notice, equivalent to salary only, for the notice period or remaining balance of it.

Emmia

Given you've been there for about 2 weeks, I'd go and talk to whoever is in charge/managing and be upfront about the fact you wish to leave / it's not working out etc.

You'll probably end up leaving with immediate effect - so the money you earn would be confined to the 2 weeks you've been there.

GrumpyDil

I agree but in terms of your contract you have agreed to a 4 week notice period so they may want to hold you to that, although, given the short time you have been there, I would hope they won't hold you to that.

Jemma01

The 4 week notice appears after "Following successful completion of any probationary period.."

So I would think statutory notice would start after completing the month, which you haven't. So you should be able to give immediate notice to leave.

With that said, your contract is temporary, do what you can, and the things you can't do, skip them. I work as a contractor, I could find myself in the worst positions, but you just take it day by day and you grow up with it. Learning to work in stressful environments is a great experience for you in the long term. Their expectation of you is already low since you are still new. I wouldn't choose to be unemployed vs building my experience.

Seaglass18

Thank you for the responses.

My probationary period is 6 months (even though I am only on a 9 month fixed contract).

In the contract, under probationary period it says "At any time during or at the end of your probationary period should you not prove to be satisfactory for any reason, your employment may be terminated by giving you 2 weeks' notice.

For the avoidance of doubt, the Company may decide at its absolute discretion, if notice is given by either party during or at the end of the probationary period, to end your employment with immediate effect and make a payment to you in lieu of notice, equivalent to salary only, for the notice period or remaining balance of it".

I think I will be ok to provide either immediate or 1 weeks notice - even though I am guessing. Unfortunately I only received the contract a week after starting - which is very typical, in my experience.

ohreallƳ

I doubt there would be push back from them if you wish to exit now, if there is, I'd argue there should be equality of notice terms and pitch for two weeks. Either that or fail your probation now, going off with work related stress could tick that box.

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/81998885#Comment_81998885

So you have a 2 week notice period and they can hold you to that or they can agree to allow you to exit early. If they dont agree to an early exit you can breach your contract and just not turn up to work and therefore get fired for gross misconduct. In principle they could claim damages for the breach of contract but in practice thats very rare.

The obvious issue is having to declare to future employers that you were fired for gross misconduct. Some would try to avoid this by lying and omitting the job but in certain sectors (eg mine, financial services) and gaps of longer than 28 days have to be documented including how you funded life in that period which means giving bank statements which obviously shows up the undeclared job. Obviously if you are willing to lie on your CV you may be willing to doctor documents too but lets leave that rabbit hole.

In practice you have a conversation with them, probably they will agree to an early exit as a new starter isnt worth keeping on during a notice period but if they are in that much chaos then they may not be willing to waive it and its your choice if to do the 2 weeks notice or get sacked.