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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 78649
Experience:  Qualified Solicitor
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Is there a difference between probationary period of

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Hi, is there a difference between probationary period of employment and probationary period of a new role
JA: Where is this? It matters because laws vary by location.
Customer: so it’s within a employment contract and contract states to give 12 weeks notice unless on probationary period
JA: What steps have been taken so far?
Customer: “ As agreed, as your have a continuous start date of xxxxx , your employment probationary period has passed, however, as you are moving into a new position within the company you are subject to a 6 month probationary period applicable to the role.” So I have submitted my notice I signed a change in contract/ new contract for my new role But I have submitted my notice based on the 4 weeks notice since my understanding is I am currently still on probation
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no that’s all
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Customer: replied 11 days ago.
Yea sure

I understand you are wanting clarification on the probationary period of this new role. Are you able to upload a copy of your contract on here please?

Customer: replied 11 days ago.
I don’t have the copy with me right now
Customer: replied 11 days ago.
Although we hope there is no reason for us to part company, should you decide to leave our employment, for reasons other than retirement, you are required to give us 12 weeks’ notice in writing, unless you are in a probationary period in which case 4 week’s notice “
Customer: replied 11 days ago.
Those are the 2 parts I would like to clarify
Customer: replied 11 days ago.
If there’s a difference between employment and role probationary period
Customer: replied 11 days ago.
My understanding is I am on a 6 month probationary period for my new role. So the notice period should be 4 weeks
Customer: replied 11 days ago.
Is it possible to separate my current new role from my employment?

OK I understand and thank you for providing the information requested. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day and the system will notify you when this happens.

I should also make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks

Customer: replied 11 days ago.
File attached (Z4Z5QGZ)
Customer: replied 11 days ago.
Please find the attached for the relevant part of the contract
Customer: replied 11 days ago.
Looking forward to your reply! Thank you!

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

There is no real difference between these two probationary periods and both can be treated in the same way. In the end, a probationary period is only an internal performance monitoring tool which is not governed by law and whatever terms apply during that time will be determined by the employer and under contract.

I would say that if you have started a new role within the company and they want you to be on probation, all usual probationary terms should apply, unless specifically exempted.

I also see that they have specifically stated that “you are employed by the company from your start date, however the probationary period (which lasts for 6 months), etc …”

This suggests that they specifically knew that you will have a new probationary period and even mentioned at the end of that section that you are to give 4 weeks’ notice to leave during that period, which is what you should give if you decided to leave.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

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