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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47889
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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my probation period that they

Resolved Question:

I have been given warning after my probation period that they are not going to employ me I have received a letter with vague reasons but no evidence I believe I have a personality clash with the manager due to my past expertise my probation period finished yesterday but they have planned another meeting on Wednesday to say yes or no but was advised by my team lead it will be no I donot wish to work there and wish to go in today with my reply to the letter and then leave can I do this thanks jose

Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me if there is a notice period to give in you contract of employment please.

Ben Jones :

Hi, I have not heard back from you so will just give you an answer based on the possible scenario. Basically if there is a written contract in place and it contains a specific clause detailing the notice period an employee is supposed to give if they wanted to leave their employment, they will be contractually bound by it. Therefore, if the employee fails to honour this notice period then they will be acting in breach of contract. The employer then has the option of suing the employee to seek compensation for damages resulting from their breach. However, in reality such claims are very rarely made. This is mainly due to the costs and time involved, also the relatively small damages that can be recovered. Also the employer has to show that actual losses have been incurred and often that is not easy to do. So whilst there is no way of predicting whether the employer will take this any further or not, chances are that they will not. A more likely outcome is that the employer refuses to provide a reference in the future or if they do, it could mention that the employee had breached their contract.

If no contractual notice period clause exists, an employee who has been continuously employed for at least one month is required to give a minimum notice period of one week in order to terminate their employment.

It is therefore best to try and negotiate a mutually acceptable notice period that would suit both parties. However, if that is not possible and there is a pressing need to leave early, that is still a possibility, subject to the risks identified above but they would be rather low as mentioned.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

sorry I had a 3 month probation period with a weeks notice clause to my surprise they have no given me evidence of the complaints and my probation ended on Sunday are you saying I still have to give a weeks notice ??? I went in yesterday but the atmosphere is of a great concern and I had phone d in sick today I can get a doctors letters as I am in remission for cancer and any stress related incidents may cause my cancer to reappear they have made it clear they do not want me to stay and I am in self preservation mode at this time thanks Jose

Ben Jones :

Hi Jose, even though your probation finished, the employer is still obliged to give you the week's notice before they can terminate your employment so technically you should still be employed by them now until they issue you with notice of termination. So if you wanted to leave before that you would also be expected to give them the week's notice. But as mentioned the risks of leaving with no notice are rather low. Another alternative is that you give them the week's notice but get signed off sick for the whole period so you still stay away from work, even though you are contractually serving your notice period - that may be the best idea as then they cannot say you have done anything wrong in terms of not giving notice.

Ben Jones :

Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks

Customer: Thanks for your help
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