Unable to leave my job for a new role

markfinn

Struggling wrote: »

Two weeks ago they told me I was off probation.

Probation works both ways. Despite corporate types trying to hide it, it's there so you can tell them to take their job and shove it on minimal notice just as much as being for them to drop you on a whim.

Did you ever tell them (in writing) they were out of probation? If not, the relationship between you and them is still probationary.

Struggling

Jim2007 wrote: »

If as you say, you are not very important to the organisation, then it is very unlikely that they will require you to work the full notice period.

But think about this, they did think enough of you to want you to stay around and dropped the probation period once they saw what you were capable of. Your potential new employer is unwilling to respect your notice period and is more interested in getting a body on board rather than getting you on board. That being the case I would not be surprised if he was not to concerned about you further down the road, so be sure that it really is what you want before you make the move.

When I applied for the role I told them 1 month as I was not sure what my situation was. My current role isn't related to my qualifications and I can barely make rent. I don't owe them anything, if they take me off probation early it's down to the massive turnaround in the company I'm currently with.

ibarelycare

How were you "told" that you were off probation? Was it in writing?

Struggling

ibarelycare wrote: »

How were you "told" that you were off probation? Was it in writing?

They bought me in for a monthly review and said I was off it. According to HR records I'm still on it

markfinn

Struggling wrote: »

They bought me in for a monthly review and said I was off it. According to HR records I'm still on it

Then what exactly is the problem? You're on probation, they're on probation, and you've decided the job is not the best option for you right now. This is the entire reason for the existence of probationary periods.

Struggling

markfinn wrote: »

Then what exactly is the problem? You're on probation, they're on probation, and you've decided the job is not the best option for you right now. This is the entire reason for the existence of probationary periods.

Because they told me I was off probation as I said in the earlier post so I want to know where I stand regards probation periods

BreadnBuddha

Struggling wrote: »

Because they told me I was off probation as I said in the earlier post so I want to know where I stand regards probation periods

I asked the relevant question earlier. Does it say 'up to 6 months' or '6 months' in the contract you have signed?

It's a simple question.

Struggling

BreadnBuddha wrote: »

I asked the relevant question earlier. Does it say 'up to 6 months' or '6 months' in the contract you have signed?

It's a simple question.

It says 6 months

BreadnBuddha

Well then, that's the only thing that matters.

The contract, the legal basis of your commitment to that employer, states 6 months. It is explicit in that term.

You can walk in there on Monday morning and hand in your notice.

Do so, without any hesitation.

elfy4eva

Contractually, you're still on probation you have evidence of this and that's the only binding thing.

Enjoy your new Job!

Jim2007

Struggling wrote: »

When I applied for the role I told them 1 month as I was not sure what my situation was. My current role isn't related to my qualifications and I can barely make rent. I don't owe them anything, if they take me off probation early it's down to the massive turnaround in the company I'm currently with.

I'm not saying you do owe them anything, it is just that in my experience employers who are unwilling to respect notice periods etc... often turn out not to be such a great place to work in the end.

wardides

Apologies for hijacking this thread. I think the OP has got sorted, so no need for me to start a new one as it's the exact same situation.

Started a job in August 2015. Got offered a chance to move elsewhere today (fantastic career step, significant pay increase). I have asked the question before but I just wanted to get a clearer picture on it. In my contract it has the following element

"my employment will be subject to the first six months of employment being a probationary period. At the end of the 6 months, your appointment may be confirmed provided your work and conduct is satisfactory. The company & management will monitor your progress closely during this period. The probationary period may be extended at the company's discretion, but will not exceed 12 months."

Nothing in regards to being able to leave (and also be dismissed) without any notice during this period, but is that just assumed? Later on in the contract, under a heading Termination of Agreement, the following is stated.

"Except in circumstances justifying immediate termination of your contract the company shall give you 2 months notice (or payment in Lieu). When terminating your own contract you are required to give 2 months notice, in writing".


I'm planning on giving 4 weeks notice, but by my understanding they can't hold me to doing 2 months (well legally they can, but doesn't make financial sense). I also have not received any confirmation (written or verbal) that my probationary period has finished.

Small caveat is that I'm moving to a rival (somewhat) company.

Any feedback would be appreciated.

BreadnBuddha

wardides wrote: »

Apologies for hijacking this thread. I think the OP has got sorted, so no need for me to start a new one as it's the exact same situation.

Started a job in August 2015. Got offered a chance to move elsewhere today (fantastic career step, significant pay increase). I have asked the question before but I just wanted to get a clearer picture on it. In my contract it has the following element

"my employment will be subject to the first six months of employment being a probationary period. At the end of the 6 months, your appointment may be confirmed provided your work and conduct is satisfactory. The company & management will monitor your progress closely during this period. The probationary period may be extended at the company's discretion, but will not exceed 12 months."

Nothing in regards to being able to leave (and also be dismissed) without any notice during this period, but is that just assumed? Later on in the contract, under a heading Termination of Agreement, the following is stated.

"Except in circumstances justifying immediate termination of your contract the company shall give you 2 months notice (or payment in Lieu). When terminating your own contract you are required to give 2 months notice, in writing".


I'm planning on giving 4 weeks notice, but by my understanding they can't hold me to doing 2 months (well legally they can, but doesn't make financial sense). I also have not received any confirmation (written or verbal) that my probationary period has finished.

Small caveat is that I'm moving to a rival (somewhat) company.

Any feedback would be appreciated.

If your probationary period has not been extended, you're contractually obliged to give 2 months notice. That's the contract and it's perfectly legal and binding.

Just because you think they won't come after you, doesn't mean they won't.

wardides

BreadnBuddha wrote: »

If your probationary period has not been extended, you're contractually obliged to give 2 months notice. That's the contract and it's perfectly legal and binding.

Just because you think they won't come after you, doesn't mean they won't.

I havn't been told whether it has been extended or finished.

Mrs OBumble

being on probation or not is irrelevant in your case. The only bit that applies is

"Except in circumstances justifying immediate termination of your contract the company shall give you 2 months notice (or payment in Lieu). When terminating your own contract you are required to give 2 months notice, in writing".