Probation period ended or not ended?

[piggle]

Hi,

I had an issue with my job whereby the manager put people on the work rota at days and times they had not agreed to work, in addition to their contracted hours, and then stated that it would be up to staff to swap and arrange cover between ourselves otherwise we would have to work them.

I checked my contract and it appeared that this might be legal as they had a clause which said they could vary my hours according to the needs of the business. I messaged my manager about the situation and she appeared to confirm her stance.

Thinking that this was a company policy I handed in my resignation in on the Saturday giving a week's notice, making my last day Friday, when I did this I cc'd the managing director into the email.

On the Saturday the managing director emailed me to say this was not company policy and that he would look into it on Monday. On the Monday the manager emailed me stating I had misunderstood her intentions and asking me to reconsider. I emailed back to say that I had not misunderstood her and that I could not work that much overtime so I would still need to leave. Then the managing director emailed me stating that I did not have to work more than my contracted hours and again asking me to reconsider. I emailed back saying I would think about it and let him know before Friday.

Today (Tuesday) he emailed me to state that he had a "distinct feeling" I still intended to leave and as such he wanted to make me aware that he did not consider me to still be within my probationary period and that he was requiring me to be "equitable and fair" and give four weeks notice instead.

In my contract it states my probationary period is 13 weeks, with the clause that "your probationary period will not be deemed to have completed until the company has carried out its review and formally confirmed the position in writing to you".

He is saying that because the 13 weeks are up my probationary period is over. He also attached information from ACAS about "if someone leaves without working their notice" which states that employers can take employees to court if they incur costs due to an employee not working their notice period.

I said I did not agree as they have never carried out a review or confirmed my position in writing, that I still considered myself to be in my probation period because of this and had , therefore, given the right period of notice.

I then received an email from the managing director saying "at the end of the day if you're prepared to chance it - by not being equitable and fair and giving 4 weeks notice then we'll just have to see who is wrong".

So my question is: is the big boss wrong? or am I?

Also when I started at the company I was employed as a domestic assistant on 20 hours a week. I recently changed roles to night care assistant, stating I could do two shifts a week totalling 22 hours. I never received an updated contract so the contract in dispute doesn't even state that I have to do any care shifts at all.

I would be grateful for any advice.

Thank you.

[ULA]

The general rule is that a probationary period will expire if it is not extended or the employment terminated. Effectively that clause allows an employer to potentially extend a probationary period or dismiss within a reasonable time after the end of the probationary period in the event they have not carried out a review in time.

Does your employment contract state 4 weeks notice after completion of probationary period?

I presume you been doing the new role whilst waiting for an updated contract?

[piggle]

Thanks for the reply.

Yes, I have been doing the new role but not for very long.

My employment contract doesn't have any notice periods stipulated on it. The notice periods are laid out in a separate document entitled "Contract of Employment Further Terms and Conditions" which was signed by myself electronically.

[ULA]

What does it state in that document "Contract of Employment Further Terms and Conditions" does that say 4 weeks?

How long ago was the end of the 13 weeks?

[piggle]

The further Ts&Cs state that it is one weeks notice “within any probationary period” and 4 weeks after that.

The 13 weeks ended about 6 weeks ago.

My contract also states that probation can be extended for up to a further 26 weeks, I don’t know if that makes any difference though.

I think if they can cover themselves with a clause saying that the probation won’t end until it’s been formally reviewed and confirmed in writing that that clause should also cover me. They are considering my probation has ended when my contract says that under these conditions they will not consider it ended. It seems unfair that it can only be used to their benefit.

[ULA]

As stated in my post #2 "The general rule is that a probationary period will expire if it is not extended or the employment terminated."

The use of the clasue "your probationary period will not be deemed to have completed until the company has carried out its review and formally confirmed the position in writing to you" would be if they wanted to extend or terminate and they had not had the oppoortunity to do so in the time period.

You can try and continue to argue that contractully they have not confirmed your end of probationary period so therefore you are in the right to only be requried to give one weeks notice.

If they wanted to take you for breach of contract it would then be up to a court to make a decision on the contractual point and it would be down to your employer to argue the extent of their financial loss for you not working your notice.

[piggle]

Thank you very much for all your help.

[ULA]

Pleasure. Good luck