3 Month Notice Period

[Luck0022]

Hi all, first post, after some advice. Will try to keep it brief.

I have recently drifted beyond my 6 months probation period in full time employment. I received a verbal offer from another company about a week before my probation ended, but they didn’t quite get the physical contract to me in time. According to my contract, I must now give 12 weeks notice as opposed to just 1 week, as was the case whilst on probation.

The new company know this, and are generally content to wait for me if needed, since they didn’t get the contract to me in time. However, my contract actually states “that my appointment will be confirmed upon satisfactory completion of probation”. I have not received any confirmation at all that my probation period is over and that my appointment is confirmed, nor have I received any probationary interviews/letters whilst on probation.

I actually handed my notice in 3 weeks ago, requesting they release me as at 31st Aug. My boss has just held me in limbo stating that I need to have a conversation with the MD who has been in leave and isn’t back until Mon 3rd Aug, the earliest I will be able to talk with him.

Can I plausibly argue that I am still considered to be on probation, thus only be required to give 1 weeks notice? I just wanted to get some views from those in the know. I think my logic is sound but it may constitute a weak argument if legal action was taken against me for breach of contract, should I need to walk out. Thanks in advance to all that reply.

[Luck0022]

Sorry just re-read this. MD is back Mon 3rd Sep, not Aug. Thanks

[mariefab]

“that my appointment will be confirmed upon satisfactory completion of probation”

As that ^ doesn't say that it will be confirmed orally or in writing, it could be read as your appointment being confirmed automatically at 6 months.

Do you know what the usual process is there? Were other employees informed that they had completed their probation period?

[Luck0022]

Hi, thanks for response. Speaking to some colleagues today, they have asserted that they have been required to send out confirmation of appointment letters to staff who have completed probation, and that they were prompted to do this by HR as otherwise they would still be considered to be on probation.

[mariefab]

In that case, as the normal process is to issue a letter confirming appointment on completion of probation and you have not received such a letter, you remain on probation. Therefore, your notice period should still be 1 week.
It was very thoughtful of you to give them a longer than necessary notice period (until 31st August) so as to give them additional time to recruit a replacement.

BTW you don't need the MD's consent/permission. This is employment, not slavery.

[Luck0022]

I agree, how thoughtful of me to agree notice until 31st Aug, lol. I know the MD thing is just a tactic to try and hold me over.

So I called my boss today and told him I’m leaving Friday this week, and asserted the same by email too. He didn’t like it, but took it well, no mention of breach of contract. I also called my new boss and told him I’m starting on Monday, he was delighted.

Thanks for your posts. I feel more confident that if something comes of this further down the line, I can go back and play this card.

Many thanks.

[JeffNev]

Unless you have signed something which states that your notice period has increased to such an excessive amount, I do not see how they could hold you to this from a legal perspective.