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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 3051
Experience:  Freelance Solicitor at Self Employed
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I hope you can help of point me in the right direction. I am

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Hi, I hope you can help of point me in the right direction.I am currently employed and have been with my employer only 4 months. My contract states that my probation is 3 months and in that time I only need to give 1 month notice but after probation it increases to 3 months.I have been unhappy in my role and have secured a new job. I handed my notice in and asked if I could give 1 month notice as I never received verbal or written confirmation that I passed my probation period, but they insist I have to give 3 months notice.The only other option is if I pay them the recruiter fee that was paid to place me, this is £10,000. There is nothing in my contact stating that this could happen.The business owner has become very abusive and I don’t feel I can continue here. I want to leave on good terms and will work my 1 month notice but fear I will have to pay the £10,000.
JA: Where are you? It matters because laws vary by location.
Customer: England, UK
JA: What steps have you taken so far?
Customer: I have spoken to my employer, but he is not willing to change his mind
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don not think so

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

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I will go through your question and will get back to you with my answer shortly.

Hi there,

Could you please confirm for how long you have worked with your current employer?

Customer: replied 1 day ago.
Hi, 4 months and 5 days.

And how long was your probation period?

Customer: replied 1 day ago.
3 months, but I wasn't notified that I passed my probation - either verbally or written. And nothing has been input into my HR file. So I thought that the 1 month notice would still stand.

In your employment contract , is their probationary period clause , which provides how your employer is needed to confirm ?

Customer: replied 1 day ago.
Nothing is stated as how the it will be confirmed.

Have you checked with with your employer regarding your probation completion ?

If employee would be liable for 10k recruiter fee , if this clause is incorporated in the employment agreement?

Customer: replied 1 day ago.
when I asked to leave giving 4 weeks notice because I had received no confirmation of passing, he said then I had passed and had to work 3 months - that was the first time it was confirmed - the only other option to leave early was to pay £10,000
Customer: replied 1 day ago.
there is nothing in my contract stating I am liable to pay the £10,000

Could you please attach your employment contract here.

Customer: replied 1 day ago.
File attached (T542G14)

Thank you. I will go through it and will be with you shortly.

Customer: replied 1 day ago.
thank you

Could you please confirm exactly when you gave your notice to Leave ?

Customer: replied 1 day ago.
Monday 13th September

Your employment started on 19th May 2021

Customer: replied 1 day ago.
ah yes, think I was thinking it was 10th May, but was delayed (sorry)

within the initial three month period you were allowed to terminate the employment contract by giving 4 weeks notice

As you gave your notice to Leave after the initial 3 months , now you have to give longer notice period.

Customer: replied 1 day ago.
that's why I ask about the probation period confirmation. If I haven't had confirmation that I passed could I not presume that the terms of the probation (1 month notice) would continue.

Your employment contract says-

Clause Probation (D) -either party may terminate the employment relationship at any time during the initial three month period by giving 4 weeks notice.

the word used is "Initial 3 months" and not during probation period.

The employer has failed to convey that you have completed the probation, is a different issue.

Customer: replied 1 day ago.
ah, ok - I see. that makes sense

If you need further assistance, please let me know.

Thank you for using Just Answers. Best wishes.

Vineet S and 7 other Law Specialists are ready to help you
Customer: replied 1 day ago.
thank you

My pleasure . Have a good day.