Hi there, I am hoping you can give me some advice please.
I have an employment contract which states my probationary period is “one year” and hence my notice period is “one month during the probationary period, thereafter 3 months”.
The contract is quite short but states that “we agree to employ you and you agree to work for us on the terms above and the Standard Terms of Employment for Staff which are attached and form part of your contract of employment”.
In the Standard Terms of Employment for Staff it says “3. Probation:
3.1 – Employment is initially probationary. During your probationary period your performance and suitability is assessed against objectives in the Appraisal Scheme and Probation Scheme (copies found on the Intranet).
3.2 - [My employers] may at its discretion extend the Probationary period as it deems necessary. When appropriate you will receive written confirmation of the successful completion of probation, and you will be on probation until this is issued.
3.3 – Employment may be terminated by [my employer] whilst you are on probation on notice as set out in your contract of employment.”
So my question is, what is my notice period if I have worked just longer than one year but have not had a recent appraisal or letter to confirm the successful completion of my probation.
I recently found another job and handed in my notice as 1 month as this was my interpretation of the contract. However my HR department has informed my line manager I am “outside of my probationary period and technically liable for 3 months notice regardless of not receiving a letter.”
I would like to know truly where I stand. Many thanks