Notice period in Probation

[KenW2]

I took on a role that included a 6 month probation period last year. I decided three months in that it wasn't for me (Nothing dramatic, and feedback on my performance had been positive) I decided to leave and looking at my contract I was surprised to note that my notice during probation was 3 months! I accepted hat I had signed it at the start and as it meant if they had decide to get rid of me they would have to pay me 3 months notice I should honour the contract, so I gave my 3 months. This is nearly up. I have received an email from our HR team saying that there was an error in my contract and they are issuing me a new one. Specifically clause 4: where it states 3 months notice during probation this should state 1 month! Bearing in mind they have told me this after I have worked over 2 months notice, and I had to decline a job offer before Christmas because they wanted people in before the end of the year, where do I stand? The fact they have told me and are keen to reissue my contract in the last couple of weeks before I leave has made me suspicious that they are worried that they have done something wrong and are covering themselves.

[ULA]

3 months notice in a probationary period, even one that is 6 months long, is at the extreme end. Typically depending on the role it is a week or a month.

It may be that they have genuinely realised they have made a admin error in their orginal contract, however my view is that since you only have a couple of weeks left of your 3 month notice period I cannot see the point in getting you to sign a new contract reducing it to one month.

I suggest you politely email the HR department, reminding them that you are a couple of weeks from completing your 3 months notice which you duly gave in accordance with your contract and therefore you see little point in signing a new contract changing your notice period.

[KenW2]

Thanks for this, I am more concerned that effectively they have made me work 3 months notice that i was not obliged to do, which they have brought to my attention once I have done so. Do I have any recourse for this? interestingly the email never mentioned me signing a new contract just informing me that the clause had been changed.

[ULA]

Unfortunately no recourse as that was the notice period you were contractually required to give at the time you handed in your notice.

[Shipshape]

Probation periods mean nothing in employment law. For example, if somebody has just completed their first month employment, described as probationary, then the law simply sees it as being employed for a month.

I can't see how you can seek recourse, you were obliged to work 3 months notice by agreeing to it via the contract and that is what you have almost completed.

I don't see the point of your employer asking you to sign a varied contract to just a month's notice considering the 3 months are almost up anyway.