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Advice on leaving during probation period help!!

 
Need urgent help on leaving during probation period!!!

I have started a new job about a month ago but I am very unpleased with it and want to leave. I have just received a job offer that I want to accept but which starts in a week. I am still on probation (3 month probation) and would like to walk out of my current job. I do not need a reference and will not run out of money if they don't pay me for the week I worked in January. Apart from these two things do I risk anything else for walking out like that during the probation period? (breach of contract....). Please help me!!

Paula

05/01/2006 10:30:01

Need urgent help on leaving during probation period!!!

Originally posted by Paula:
I have started a new job about a month ago but I am very unpleased with it and want to leave. I have just received a job offer that I want to accept but which starts in a week. I am still on probation (3 month probation) and would like to walk out of my current job. I do not need a reference and will not run out of money if they don't pay me for the week I worked in January. Apart from these two things do I risk anything else for walking out like that during the probation period? (breach of contract....). Please help me!!


Just resign today. In the UK unless it says otherwise in your contract you can give them a weeks notice which is the minimum notice period if you have worked a month by law.

They can make life difficult for you if they wish but if you just turn round and say you don't like working for them because of x and y, and are seeking pastures new then they may be happy to let you go immediately. Don't inform them that you have a new job though incase they are nasty.

Slough

05/01/2006 11:37:30

Urgent help needed...

I'm currently a month away from the end of my probation period. I had an 8 week review a few days ago with HR and my line manager in which they raised a few points I needed to improve on namely time keeping, which I was aware( we are talking the odd 5 mins here or there at times) and the relation with my team members ( which was a great surprise to me as it was my impression we had all be getting long well).

Two weeks prior to this meeting I had asked my line manager for a meeting to discuss my progress so far. During our meeting we discussed all areas of my job/ the team and his feedback was positive. None of the issues raised during my review came up, even though he was aware of them at this time.

From all the information I have gathered, employees do not have any rights during a probation period and if an employer want to terminate your employment they can do so without reason.

It is clear to me now that he has been unhappy with me personally (not the quality of my work) for sometime now and has lead me to believe otherwise.

Based on this, I believe my employment will end at the end of my probation and this would be classed as a dismissal, which I can not have as it will be detrimental to my career.

Is it better for me to leave before this happens?

What effect will this have on me getting another job and my references?

I would greatly appreciate any advice you can give on this matter.

Thank you.

ms_faleye@hotmail.com

Janet

07/01/2006 21:18:42

Urgent help needed...

Originally posted by Janet:
I'm currently a month away from the end of my probation period. I had an 8 week review a few days ago with HR and my line manager in which they raised a few points I needed to improve on namely time keeping, which I was aware( we are talking the odd 5 mins here or there at times) and the relation with my team members ( which was a great surprise to me as it was my impression we had all be getting long well).

Two weeks prior to this meeting I had asked my line manager for a meeting to discuss my progress so far. During our meeting we discussed all areas of my job/ the team and his feedback was positive. None of the issues raised during my review came up, even though he was aware of them at this time.

From all the information I have gathered, employees do not have any rights during a probation period and if an employer want to terminate your employment they can do so without reason.

It is clear to me now that he has been unhappy with me personally (not the quality of my work) for sometime now and has lead me to believe otherwise.

Based on this, I believe my employment will end at the end of my probation and this would be classed as a dismissal, which I can not have as it will be detrimental to my career.

Is it better for me to leave before this happens?

What effect will this have on me getting another job and my references?

I would greatly appreciate any advice you can give on this matter.

Thank you.

ms_faleye@hotmail.com

If you feel uncomfortable at your workplace, which you have indicated because you have bothered to write on this board, the best thing you can do is to start to look for another job asap. Then resign once you have it. Your bosses will generally not slate you in a reference if you make an effort during that time to be 10-15 minutes early for work. This is not hard just set your watch some odd number of minutes and seconds earlier.

There may be many reasons why they have changed what they have said. One of them may be their contractual obligation to give you a payrise after a certain period of time working there. So have a look at your employment contract and see if this is true. Lots of employers try and weasel out of giving payrises for the slightest of reasons when they feel the company cannot afford to give them to everyone.

Also timekeeping is subjective especially in the UK. Many bosses only understand what they see so even if you complete your work early and work more hours than stated because you are not working the same hours as the boss they view you as not pulling your weight. If this sounds like you in future jobs you must make it loudly known to the people that matter your working hours, so if you are 5 minutes later than everyone else they still know that you stay in the office 10 minutes after them.

Slough

07/01/2006 23:10:54

Urgent help needed...

Originally posted by Slough:
If you feel uncomfortable at your workplace, which you have indicated because you have bothered to write on this board, the best thing you can do is to start to look for another job asap. Then resign once you have it. Your bosses will generally not slate you in a reference if you make an effort during that time to be 10-15 minutes early for work. This is not hard just set your watch some odd number of minutes and seconds earlier.

There may be many reasons why they have changed what they have said. One of them may be their contractual obligation to give you a payrise after a certain period of time working there. So have a look at your employment contract and see if this is true. Lots of employers try and weasel out of giving payrises for the slightest of reasons when they feel the company cannot afford to give them to everyone.

Also timekeeping is subjective especially in the UK. Many bosses only understand what they see so even if you complete your work early and work more hours than stated because you are not working the same hours as the boss they view you as not pulling your weight. If this sounds like you in future jobs you must make it loudly known to the people that matter your working hours, so if you are 5 minutes later than everyone else they still know that you stay in the office 10 minutes after them.

Janet

08/01/2006 23:18:38

Do I have rights?

Okay, I just finished a 6 month probation that was extended. In my office (and only our office, 1 of 6 I belive) we have to meet an accuracy target of 95% to be considered 'Competent' I have met this target on occasion but more often than not more like 93/94%

I was told (over a week late I must add, despite me chasing them up several times) that I would not be kept on due to my lack of consistency, which I can agree with to a point.

I hvae since been told by more than 4 people that I work with I can sue them, Im sketchy on this, but ill try to explain here why:

We are the ONLY branch in the company (including offices in Jersey, Guernsey and Alderney) that have this accuracy based comptency. There seems to be no other accountability in the other branches, yet we are continually told by the supervisors that 'The Group treats all staff equally'

Colleagues have told me that people, far worse than I have been offered permanent contracts in ours, and other branches. I cant vouch for this, but it does grate on me if true. In addition to this, when I was told that I was not being kept on, I was not asked if i wanted a fellow employee to sit in with me, in case of things being alleged at a later date and no member of HR was present, which I thought was mandatory.

One last thing that has been suggested by my colleagues as unreasonable is that I was told on Tuesday of this week, I was on my 7 days notice, which they DID require me to work. I had no problem with this, but they ALSO said in reality, as soon as my personal amount of work is finished I would be free to go on garden leave. I finished my work by Lunchtime Wednesday and instead of letting me go home, to start looking for a new job, they made me shred paper. for 5 hour! and the want me to go in everyday until my notice is up to do similar menial tasks, such as put all our paperwork into new red files and dispose of the old yellow ones!

Do I Have any Rights????

Hissy

25/01/2006 20:04:01

Do I have rights?

Originally posted by Hissy:
Okay, I just finished a 6 month probation that was extended. In my office (and only our office, 1 of 6 I belive) we have to meet an accuracy target of 95% to be considered 'Competent' I have met this target on occasion but more often than not more like 93/94%

I was told (over a week late I must add, despite me chasing them up several times) that I would not be kept on due to my lack of consistency, which I can agree with to a point.

I hvae since been told by more than 4 people that I work with I can sue them, Im sketchy on this, but ill try to explain here why:

We are the ONLY branch in the company (including offices in Jersey, Guernsey and Alderney) that have this accuracy based comptency. There seems to be no other accountability in the other branches, yet we are continually told by the supervisors that 'The Group treats all staff equally'

Colleagues have told me that people, far worse than I have been offered permanent contracts in ours, and other branches. I cant vouch for this, but it does grate on me if true. In addition to this, when I was told that I was not being kept on, I was not asked if i wanted a fellow employee to sit in with me, in case of things being alleged at a later date and no member of HR was present, which I thought was mandatory.

One last thing that has been suggested by my colleagues as unreasonable is that I was told on Tuesday of this week, I was on my 7 days notice, which they DID require me to work. I had no problem with this, but they ALSO said in reality, as soon as my personal amount of work is finished I would be free to go on garden leave. I finished my work by Lunchtime Wednesday and instead of letting me go home, to start looking for a new job, they made me shred paper. for 5 hour! and the want me to go in everyday until my notice is up to do similar menial tasks, such as put all our paperwork into new red files and dispose of the old yellow ones!

Do I Have any Rights????


Yes you can go on sick leave.

I wouldn't bother suing them because unless you think your case is discrimination then you wouldn't get very much money at all.

Slough

26/01/2006 02:22:49

Walked Out

I recently got offered a better job which I took straight away and handed in my notice to my current job (i was required to work a weeks notice, meaning I would have finished officially next wednesday.) Anyway, cutting a long story short, one of the main reasons i also decided to leave was because a new manager had taken over (she was a supervisor before) and none of us in our "team" got on with her, she especially didn't like me for some unknown reason. I was working a shift with her today and we had a slight disagreement which led to me walking straight out having told her how unfairly i believed she had treated me. I am now wondering, as I haven't obviously done my contracted weeks notice what they can do? I mean will they pay me by remaining holiday pay? I dont require them to give me a reference as my old manager who only recently left has already offered to supply that for me, especially as she was my manager for a lengthy period and knew me well. I have been there since september, so four months in total! Look forward to your response.

Happy_People_06

26/01/2006 14:00:56

Resingnation

Hi,

I am planning to resign from the postion of FOM and according to my service contract my probation period is six month but i am working on probation from last one year on probation only and i have not been given any letter of confirm.

Please suggest me that according to law shall i be entitle to annual leave encashment if i resign know as i am not confirmed.

can my employer recover all days leaves i have availed during this period. (Like casual, sick and compensatory)

please suggest.

Thanks

Ashwani

24/03/2006 10:51:05

Took a new job and now have been asked to take a pay cut

I recently left a good job to start a new job with an increased salary. After 4 weeks of working at my new job I was informed that the comapny is on the brink of banckruptcy and they have made a dozen or so people redundant. I was asked to take a voluntary paycut of 20% which I refused but took 10% instead. I have been asked by my old work to go back to the position I was in before. Firstly, I think I was mislead by the company that took me on as I am sure they were aware of their financial situation so wondered if there were any legal implications of them recruiting at one salary level then being expected to take a paycut and secondly, if I decide to return to my old job how much notice do I have to give as I am still within the 3 month probationary period? Any advice appreciated

Gracious

24/03/2006 14:37:11

Ask to resign or be rejected.

I worked as an assistant health technician for a county community service department.I was one week shy of my probation period.I am enrolled in a MBA program and will graduate in two months. I was interviewed by the University News Paper about my upcoming graduation an why I was getting an MBA.I explained that I would like to start a business someday. Well the article, stated that on graduation,I was going to start a business.The personnel on the job acted surprise after reading the article. A week later I was told that I would not be a good fit with that department.I was told I could resign or be rejected. I resigned. Chippy.

Chippy

24/03/2006 17:00:41

Ask to resign or be rejected.

I worked as an assistant health technician for a county community service department.I was one week shy of my probation period.I am enrolled in a MBA program and will graduate in two months. I was interviewed by the University News Paper about my upcoming graduation and why I was getting an MBA.I explained that I would like to start a business someday. Well the article, stated that on graduation,I was going to start a business.The personnel on the job acted surprise after reading the article. A week later I was told that I would not be a good fit with that department.I was told I could resign or be rejected. I resigned. Chippy.

Chippy

24/03/2006 17:12:21

How much notice to give during probation period?

Hi, i started my new job at the beginning of March. It iis now 27th March and I have not been given my contract. I asked the manager and she states that she has not received one of my references so would not be able to give me my contract until that arrives. I am not happy in the job and am looking for another work place. Please let me know my legal rights if I want to resign, I cannot rememeber whether it is one month or one week. All that I know is that my probationary period is for six months.

fiodani

27/03/2006 19:42:26

How much notice to give during probation period?

Originally posted by fiodani:
Hi, i started my new job at the beginning of March. It iis now 27th March and I have not been given my contract. I asked the manager and she states that she has not received one of my references so would not be able to give me my contract until that arrives. I am not happy in the job and am looking for another work place. Please let me know my legal rights if I want to resign, I cannot rememeber whether it is one month or one week. All that I know is that my probationary period is for six months.


It's one week if you have worked over a month.

As you haven't you can say I want to leave when can I go to them?

Slough

28/03/2006 08:24:09

resignation

I have been out of work on approved disability for more than 1 1/2 years.. I have just been released to work from my doctor. When i informed my human resource director of my release and interest in returning to work. The response given to me was less then enthusiastic. I felt very unwelcome. The HR director was very cold and abrupt stating my position had been filled already and proceeded to quote the employee handbook of possible termination and or a wilful resignation.I prepared myself with information before hand and was certain there in fact were positions available. When i questioned this information the HR's response had quickly changed to now acknowleging an equivalent position was available but they would have to call me back within 48 hrs with the details and confirm the date of return.Well...It has been over 3 weeks and no return call!! The situation has caused me a great deal of distress and with consideration of my well being and personal values i have decided it would be best to submit a resignation.. How can i write a resignation expressing my feelings without any risk of legal retaliation and or a negative departure?

Sincerely, Winnie

winnie

29/06/2006 17:32:58

Need advice: should I leave during probation?

Hi I have 3 months left on my probation period and am worried I might get sacked within days.

I work for a fairly large IT firm(600 people) which is basically rubbish and an absolute nightmare to work for. I decided that I was going to leave asa I found another job because working there feels like I'm being tortured. As I was expecting I will find another job within the next two months I started to slack severly. The managers have recognised this and I have good reason to believe there is a possibilty they may sack me during probation.

I would like to know, suppose management is keeping a record of what I have been doing over the last 2 weeks and they see I have done absolutely nothing at all, do you think they will sack me now or is it likely they will wait until the end of my probation in 3 months time?

Also do you think I should give my resignation notice to them now in case they give their notice in a few days time? Ideally I would like to give it in two months time by when I should secured another job. As you can see the dilemma is guessing who will sack who first.

Please advice.

Many thanks

omega

04/09/2006 23:34:35

Redundancy

Hi

Some people I know are being made redundant.

They have been told that this is happening today. There are 5 people in total being made redundant and this is the first notification that they have recvd of it.

The have been told that there are 7 new jobs coming up that they can all apply for but arent guaranteed a job. They havent been offered any alternatives.

They have been told that they can have 2 months redundancy pay if a they sign an agreement to say that they wont take legal action. If they dont sign this document they will only be offered 2 weeks redundancy pay.

What can they do?

It seems dodgy that they only get two weeks redundancy pay if they dont sign this agreement

Ricardo

25/10/2006 22:34:16

Anything I can do?

I have just recently been sacked. I worked for an educational establishment. Everything was fine until a new manager came on board who was obviously dropped on his head several times as a child. His attitude was appalling. He had no people management skills etc,etc. He asked me to cover in another dept to cover a colleague who is on Mat leave. ( I agreed-just so I would not have to be in the same office as him), for ta two month period. During that time he recruited two members of staff. I asked him if he had recruited someone for my job. He said no (surpise, surprise). He really upset one day and I went and made a complaint to his Line Manager. All of a sudden, my work was not up to scratch. I asked for evidence of this. None could be produced. I was told if my work did not improve by the end of my 6 month prob period, they would terminate. I (not being stupid) higlighted some training issues that could be addressed. It was never done. I was sacked three weeks before the official end of my six month prob period. As my job changed, are they in breach of contract and can they end my employment before my prob period? My work was excellent. The manage is just a harrassing ***it!

Riaz

02/11/2006 01:49:32

Probation period notice requirements for an employee

I'm working as a nail technician for a small mobile company. For a number of reasons I am not happy to continue my employment within this company and so would like to leave. As I am still working my probational period, how much notice do I legally have to give?

Sam

04/11/2006 00:43:16

Probation period rights

I've been at my new company for about six weeks. I'm doing just fine.

The boss seems to have changed his mind about the business plan and as a result, decided he made a mistake in starting the new division of the company, the bit I work in.

So through no fault of my own, It looks like I will be sacked because of a change of heart.

I was actually approached for this role and prised away from a job that was going well for me. I'm in my probation period so do I have any rights at all? What sort of pay off, if any, can I expect? Can I insist on at least working out the probation period?

Any speedy advice gratefully received as he's going to make a decision over the weekend.

Scandal

16/11/2006 15:27:01