probation never confirmed, HR pushing back on notice period

[lorenzoccio]

Hi,

I have recently accepted a new position and resigned from my job. HR says I should be giving three months notice instead of one because I have passed my probation. But this was never confirmed to me. My contract references the probation policy, and the policy states there should be a review meeting to sign off the probation period, and the report should be signed by both my line manager and me. I should also receive a letter from HR confirming completion of the probation period. None of this has happened.

If that makes any difference, my probationary period should have ended on 16 June and I gave notice on the 28th.

Can the company enforce the longer notice?

[ULA]

You can try and push back on them and say that as they have not followed their own probation policy, your probationary period has never been confirmed and that given this you are only contractually obligation to give xxxx (whatever your contract states for someone in their probationary period)

[R0b]

Hi,

ULA is the employment expert but if your contract says your probation is subject to the policy and written confirmation of passing, I don't think HR can do anything about it. Have you responded to HR and pointed them to the relevant parts of your contract and asked them to provide a response? I would point out to them that as your contract is very explicit that you only pass probation based on the following steps being completed, then you have not yet passed your probation and the 3-month notice period does not apply.

They may try to argue that it was implied you had passed your probation but given the 12 day period between your probation date and giving notice, I dont think they can. You could arguably say that the delay in the probation meeting could be reasonably interpreted that you may not have passed probation, your probation being extended or worse case, employment terminated.

Also be aware they may try to claim that if you leave before the 3 month period they may deduct your wages for not giving the correct notice. That would most likely be an unlawful deduction of wages on their part if that was the case, which means you may need to take them to court to recover that and any additional losses suffered as a result.

Since this can potentially turn into a dispute, it would be wise of you to keep all further correspondence in writing only with HR moving forward using your personal email if possible as you don't want them deleting emails from your work account and you not having access to that creating any legal dispute difficult on your part.

[ULA]

Also be aware they may try to claim that if you leave before the 3 month period they may deduct your wages for not giving the correct notice. That would most likely be an unlawful deduction of wages on their part if that was the case, which means you may need to take them to court to recover that and any additional losses suffered as a result.

rob just on this point if the OP for example only works a month of the 3 months notice then the employer is only entitled to pay them for what they work i.e. the month, so no unlawful deduction of wage if they do not work the full notice period.

[R0b]

rob just on this point if the OP for example only works a month of the 3 months notice then the employer is only entitled to pay them for what they work i.e. the month, so no unlawful deduction of wage if they do not work the full notice period.

Hi Ula,

I agree but maybe I didn't make myself clear as I was suggesting that if the company is claiming that a 3 month period is necessary then they may try to deduct wages to cover any cost or losses for failing to give the correct notice as a breach of contract e.g. hiring a temp on a higher wage, which I am presuming could be up to 100% of the month the OP only worked out as notice and assuming there is a clause in the contract to do that.