Hi there AskUk!
Question is super simple, answer maybe isn’t. I am currently working a job and I am close to finishing my probation, I am planning to leave as I’ve secured another job abroad.
My contract just states “One month notice period” and under it states the usual about 3 month probation period subject to review blah blah youll be an employee.
My employer wants the month but due to flights and arranging working abroad I feel like I can’t honor that as it affects my potential other start date.
As I am on probation, where do I stand?
10 comments
As far as I am aware, with probation there is no notice period you can just leave
Probation doesn’t affect contractual notice period unless that is written into the contract.
One month, if written, is likely to be reasonable.
It’s either what’s in your contract, or one week if nothing is specified
https://www.citation.co.uk/news/hr-and-employment-law/much-notice-given-probation-periods/#:~:text=If%20an%20employee's%20in%20their,period%20%E2%80%93%20which%20is%20one%20week.
Contracts work both ways unless illegal, and I don’t think that is. Most likely they’ll just grumble a bit and let you get on with it. Just try to go in as friendly and helpful a way as you can, they’re massively unlikely to take legal recourse.
Legally, yes, and you should have factored it in when you accepted the other job and agreed a start date.
In practical terms, if you don’t, then you are in breach of contract, and your employer could sue you for any extra costs they incur as a result of that breach – e.g. the cost of taking on a temp / paying over time to cover the gap between when you leave and when you notice expires, less the amount they would have paid you for that time.
In practice, they may not bother but they are free to state in any future reference that you left without giving proper notice.
How much shorter notice are you wanting to give?
I’d have a pleasant chat with HR about your situation and make it friendly, but clear, that you will be taking the new job but want to be as professional as possible with your current employer. Perhaps a mutually beneficial arrangement can be made?
I thought both sides only had to give a week’s notice during the probation period, but could be wrong.
If you’re planning on leaving the UK for good and don’t need a reference, then I guess there’s not a lot an employer can do.
It’ll all be in the contract you signed.
Did you read your work contract before you signed it? It’s going to be all in there.
Never have to give full notice. They can’t withhold pay earnt.