Resigning with immediate effect - Within probation period

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Purpledragon88
Purpledragon88 Posts: 2 Newbie
edited 20 September 2018 at 1:46PM in Employment, jobseeking & training
please remove original thread

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  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
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    Slightly complicated one..

    So my current job originally started last year on a temporary contract set up through an agency, exceeded the contract length at which point I started asking for a permenant role directly with the company. - Why?

    Their excuse at that point was 'brexit would have an impact on the business contracts they would generate and they weren't able to offer me enough work'. - Fair enough

    The company is a very small startup firm with exactly three people including myself, in the constructional engineering industry and my job was to do the data entry from surveys they completed on buildings. - Irrelevant

    They had two temporary staff members in the 6 months before I joined them, both of which walked out, technically one was fired because the boss said she was 'useless' but she had already made up her mind to leave anyway. So they seem to have trouble keeping their employees. - Not really, one was sacked for incompetence

    I searched for another job and actually got something else but again it was only temporary and by Christmas I was out of work again.

    Begrudgingly I pleaded for my former employers to take me back, which they did but only on a freelance contract for 6 months and only 25 hours per week. After this I finally got offered a permenant position but they only gave me one extra hour per day and actually decreased my hourly rate by £1.50. - irrelevant

    They said this was because they now had to pay my holiday entitlement whereas before, I was only paid for the hours I worked and they gave me a 'pay increase' to compensate the time I had off on holidays. - That's probably not lawful, but you can tackle that later.

    Anyway, now I have had to move back in with my mother because I couldn't afford my rent on my tiny salary and I've generally been getting really down and stressed in my work life because now I've got to commute a fair distance to get to this job as well. - Irrelevant

    I've looked at my contract and weirdly, I do have a 3 month probation even though I've been with the firm for a year and a half now. - no you haven't, you've been there for 6 months + however long since they gave you a new contract However, it says nothing about my notice period during probation. All it says is that my employer can terminate employment at any point without notice during the probation. It says that my general notice is 4 weeks notice but I don't know if this is the same if I'm still in probation?! - I'd suggest it's probably 4 weeks. Your employer cannot terminate without notice in anycase.

    I've been looking for work closer to home and have had a very promising interview yesterday for an immediate starting role. This could mean I may have another job to go to right away. If that happens, can I just walk out of my job? - You can do what you like, but there may be consequences

    Obviously, I'd give a letter of resignation with immediate effect. But do you think I have fair reason to walk?
    No. Clearly not.


    I'd expect them to give you a bad reference and possibly seek out of pocket expenses for you walking (increased cost of agency staff for example)
  • Undervalued
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    I've looked at my contract and weirdly, I do have a 3 month probation even though I've been with the firm for a year and a half now. However, it says nothing about my notice period during probation. All it says is that my employer can terminate employment at any point without notice during the probation. It says that my general notice is 4 weeks notice but I don't know if this is the same if I'm still in probation?!

    ?

    That is unlawful!

    If you have been employed for a month or more your are entitled to receive (and required to give) a minimum of a week's notice unless more has been agreed.

    No terms and conditions can reduce the statutory minimum.

    "Probation" is largely meaningless for employment law purposes.

    Notwithstanding any of that they may well be perfectly happy to waive your notice. Or, you give them a week's notice and if they tell you to go at once they will have to pay you for that week!
  • steampowered
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    As you have been there for a year and a half, I think you will be deemed to have passed your 3 month probation, even if this was never formally confirmed in writing.

    I think you should assume that the general notice periods apply.

    If your contract says 4 weeks notice, you should give 4 weeks notice. You can ask your employer to let you work a shorter notice period but they don't have to agree.
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