Probation and 3 months notice

[Leapster]

Good afternoon,

I have signed a contract with a 3 month notice period (which includes this period even under probation of 6 months). I am still under probation but close to the end of the 6 months.

I asked my employer if they would reduce my notice period from 3 months to 1 month and they refused saying it was to protect the company with finding a replacement.

Recruitment consultants told me because my role is not senior and I have line managers above me, 3 months is unheard of and said that it’s highly unlikely the company would do anything against me if I still gave one months notice.

I told my new employer that it’s 1 month notice based on this as I didn’t want to ruin a major opportunity to which I have now been offered the job so I need to go back to my current work and hand in my notice.

with already being refused a reduction, and still being in my 6 month probation (even though my contract says 3 months notice even under probation) and not a senior role, is this really enforceable or fair?

Do you think if I write my one months and be sure to write notes on all my processes, assist in the handover and transition and help with training do you think that is professional enough?

please advise Thankyou in advance

[ULA]

If you are contracted to 3 months notice even in your probationary period then contractually this is what you are required to give, not to do so would be considered a breach of contract and for which the company could make a claim against you. The reason for claiming would be to recover any financial losses for you not working your full notice and example of this would be the costs to hire someone temporarily to carry out your job for the period you do not work your notice.

How likely they are to do this I do not know, it would depend on whether they wanted to invest the time in make a claim and the potential time it would take for the claim to be heard given the back-log in the courts.

[Leapster]

Thankyou for your quick response.

im writing a letter for one months notice and that I’ll type up all my processes, help train a new recruit and also will work extra time in evenings and weekends during the month to assist in the completion of tasks on time.

do you think this is reasonable and do you think many of these cases go to court? I’m not in a senior role and only been there 5 and a half months.

thanks for your input, I don’t want to jeopardise a great opportunity

[ULA]

Unfortunately this is not about reasonableness (albiet 3 months notice in a probationary period is not the typical norm) this is about the terms of the contract that you signed which requires that you give 3 months notice. In addition the company has already confirmed that they require you to give that level of notice, when you asked them.

I appreciate you do not want to jeopardise a better opportunity, I think that you will just have to wait and see if they decide to take any action. Not all companies do when faced with this situation, however it would be unprofessional of me not to set out what action the company could take if they so decided.

[Leapster]

Thanks for the reply.

it turns out the job doesn’t start for 6 more weeks so I’m thinking of handing in notice with 6 weeks instead of 12.

my role is junior and can be easily replaced. I don’t deal with any actual sales so I don’t have involvement in income, and also I’ve read that employers would have to prove loss of profits on departure or through operations but it’s also in the best interest of the employer to ensure operations is smooth and to reduce potential loss of profit so hiring someone within the 6 weeks rather than 12 for a junior position would be easy.

what do you think the likelihood of me being sued for leaving with 6 weeks notice as opposed to 12 in a junior position (still on probation but yes I did sign contractually to 12 weeks) and whereas I don’t have involvement in actual sales or income (only posting invoices I receive) and the employer having 6 weeks to find an accounts assistant would not have much of an effect on anything?

with this information what is the odds I could be sued for damages where I can’t see where they would be any loss of profits from my 6 weeks notice?

thankyou

[theberenger]

Leapster, ULA nor anyone else can possibly tell you what the likelihood of you being pursued by your current employer is.

The facts of your situation are, literally, black and white. You were presented with a contract, which you signed, agreeing therefore to be bound by its terms, and those terms require you to give 3 months notice.

If you don't do that, and instead convince yourself that it's reasonable to give only 1 months notice, you are in breach of your contract. It's as simple as that. Being in breach of contract then entitles your current employer to pursue you for costs they incur. Let me take the opportunity to remind you that contractors, if they hire one to back-fill your position after you leave, are paid a fortune, all of which your employer could quite reasonably come after you for.

With respect to the recruiter you spoke to, it's not his job, his livelihood, or him who will be taken to court, it would be you, and you should make your decision carefully on that basis.

Rather than handing in your notice, giving them one month, why not approach this like a reasonable adult and arrange a meeting with your manager and HR. Explain the opportunity that has come your way and talk to them about a potential compromise.

[ULA]

theberenger very good advice in the final paragraph to Leapster as to how to handle handing in their notice. Given that it is half the due notice to be given they may be more amiable.

Regardless of whether 3 months is fair and reasonable given your position, your employer is within their right to ask you to work this in full, given your contractual terms. I have set out what they would be entitled to claim if they did try to pursue a breach of contract claim and for which they would need to prove financial loss due to your actions. Not all employers will purse a claim but there are some that would. That is not something I can say in your situation as I have no knowledge of your employer.

Have the discussion and see whether you can get their agreement that is the best thing to do.