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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Employment Law

Hi I have a UK employment contract and still under a 3 month

probation period, I am not... Show More
probation period, I am not happy with the role and want to resign. If I resign on the last day of the Probation period will I need to work my 1 weeks notice ie the following week or my contract says 3 months notice is required after the probation period?
Submitted: 2 years ago.
Category: Employment Law
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Ask Your Own Employment Law Question
Ben Jones, UK Lawyer
Satisfied Customers: 46184
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Does the successful completion of the probationary period have to be confirmed by the employer?
Customer:

I believe that they need to confirm if I have successfully completed the probation period. I don't think that they would believe I have not as they a really pleased with what I have done. However I don't want to work a 3 month notice period. My probation ends this month (September).

Customer:

In an ideal world I would like to resign on the last day of the month, they pay me for September I then work my 1 weeks notice that is what I am trying to do but with respect to the company

Ben Jones : Hello, what would matter is when the notice period is actually submitted, so when you hand in your resignation. If you resign whilst still under the probationary period then you would only need to give the week's notice which would be required at the time. Of the probationary periods ends and you are employed permanently then the longer notice period would apply. Even if you become bound by the longer notice then if you decided to leave earlier than the required 3 months the employer cannot force you to stay and work the full period. You could be acting in breach of contract but they can only take this further if they have suffered losses as a result. Soft example if they had to get an urgent replacement for you at short notice they could try and get these fees back from you but in reality such claims very rarely happen. So it would not be a disaster if you had to leave earlier than the required 3 months if it comes to it. Hope this clarifies your position?
Customer reply replied 2 years ago.

Ben

Just so I am clear then because this is real important. My probation period ends on the 30th September (which is a Tuesday), if I resigned on the 29th September (which is a Monday) and gave 1 weeks notice then my last day would be 6th October?

Your response so far has been excellent but I need this question answered before final rating and fee being paid

Regards

Chris

Ben Jones, UK Lawyer replied 2 years ago.
Hi yes that is correct, you would be auitrong your resignation action during the probationary period wen just a week's notice still applies so even if that takes you over the initial probationary period why matters is when you actually submitted your resignation, not when your employment finishes

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