Can my employer enforce a 3 month notice period?

[bandobaby366]

My contract of employment states:

'The first three months of your employment is probationary and the period of notice to be given in writing by you to the Employer or by the Employer to you to terminate your employment is one month. After you have successfully completed your probationary period the period of notice to be given in writing by you to the Employer or by the Employer to you to terminate your employment is three months. '

So up until the date I handed my notice in I had been at my work place for 3 months and 3 days. I was under the impression that to have 'successfully completed' my probation I would have to be informed in a probation review as I have at previous jobs.

Correct me if I am wrong but would this still mean that I am in my probation period unless told otherwise and the one month notice period would still stand?

I have received a letter today from HR stating that I am required to work three months' notice period and If I don't then the business can take action against me.

I have received an opportunity which is too good to turn down, however they want me to start after my 4 week notice, but won't wait for the three months notice.

Also if someone who had been at the work place for 5 months but had the exact same situation with the notice would it be the same.

Please could someone help me out.

[atticus]

The clauses about the probation period will also be relevant.

[PallasAthena]

Does your contract say anywhere that your probationary period continues until they tell you that you have successfully completed it? Or is that just an assumption?

[ULA]

The situation is that if your contract specifically states that you will be notified in writing about whether or not you have successfully completed your probationary period then until you get this then you are still on probation. If there is not, then once the probationary period has been completed and there have been no performance issues or indication of an extension, then your probationary period is concluded.

This means that any terms that are applicable on completion of probationary period come into force and an extension on notice period is normally one of them. So yes your employer can enforce 3 months notice. It may be worth trying to see if you can negotiate a lesser time is may not be the 4 weeks but you may be able to come to a compromise that suits both companies.

In answer to your question on someone with 5 months service then yes the same applies in terms of having to provide any post probationary period notice that is in their contract.