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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48783
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi I have been working with my company for two and a half months.

Resolved Question:

Hi I have been working with my company for two and a half months. My notice states that after the probation period has finished I have to give a months notice. I have given a week because I am still within my probation period but my manager has argued this with me that it should be a month. My probation notice in my contract is incorrect as it states that less than one months service is no notice and more than a month to a year is no notice so technically i can give no notice. I started this position on the 30th July and gave in notice on 17th October so surely I can just give a week? the problem is that my new role will require a reference from my current position which I do not want to ruin. I have said that I will work two days over my one weeks notice to help the team but I cannot stay longer as I have training with my other role. Where do I stand? My employer has not said that my probation is over and seeing as I am still within the three months I do not see why my one weeks notice is wrong!
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Does the contract actually state how long the initial probationary period is for?
Customer:

hi yes it does it says three month probation then one months notice

Ben Jones :

If you have been employed for more than a month, you would be expected to give at least a week's notice, unless the contract requires you to give a longer period. You are in a 3 month probationary period and the longer period only applies once that probationary period has expired, which has not yet happened. So contractually (and legally) you are only expected to give a week's notice at this stage. The probation would only complete once the initial 3 month period has passed, which would not happen until the end of this month and only then would you be required to give them the month's notice. So at this stage you would not have to give that and can leave with just a week's notice. Unfortunately, even if you are in the right and give the correct notice period the employer is not obliged to provide a reference so out of spite they may refuse to do so and sadly you cannot force them to provide one

Customer:

thanks i did think that although thankfully I have somebody in my workplace who would give me a reference if the manager refused. I wanted to check before standing my ground as they have been quite rude and although I was sure I was right I had to ask

Ben Jones :

based on the information you have provided you are right

Customer:

that's good to know thank you

Ben Jones :

you are welcome

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