No follow up at end of probationary period. Notice period?
Discussion
I’ll try to keep this as brief as possible.
July 2023 - Left Company A and started a new role with Company B.
Probationary period with company B is 3 months. The exact and only wording with regard to the probationary period on the offer letter is - “You will join us on an initial 3-month probationary period.“
A couple of weeks after the 3 months was complete I reminded them that I hadn’t any word from the company about it. I’ve since reminded them again a couple of weeks ago. Each time the response has been along the lines of ‘Ohhh yeah, we really need to sit down and get that sorted’ and ‘You have nothing to worry about’
Fast forward to last Thursday evening I received a call from Company A and they are keen for me to rejoin the company in a different and more senior role than the one I left. A lot of the reasons why I left Company A have also been changed or are in the process of changing.
At this time though I am genuinely 50/50 about wether I stay where I am or rejoin my old company.
I had holidays booked for the following Friday and this Monday. First thing Tuesday morning I approach Company B and let them know I have had an offer and am considering it for a number of reasons relating to Company B, one of which being the lack of acknowledgment and permanent contract them following my 3 month probation period.
I will say at this time that there are no issues with my work or fit within the company, I am well regarded there.
Other than a chat with the MD on the same day I mentioned my concerns within Company B, which focussed primarily on its financial (un)stability, I haven’t been spoken to about anything else since. For what it’s worth, my desk directly faces the managers and MD’s offices so I have been sat right in front of them all week.
The flip side to that is Company A have kept in touch with me this week and have met me out of hours to further discuss the role with them. Absolutely zero pressure from them to make a decision though.
I’ve come to the decision tonight that I am going accept the offer to rejoin Company A.
Now….
My initial offer letter from Company B states “ Following your probation period, you will be required to give 3 months’ notice period.”
My understanding is that as the end of my probation hasn’t been acknowledged I am only required to give 1 weeks notice.
Is this assumption correct?
July 2023 - Left Company A and started a new role with Company B.
Probationary period with company B is 3 months. The exact and only wording with regard to the probationary period on the offer letter is - “You will join us on an initial 3-month probationary period.“
A couple of weeks after the 3 months was complete I reminded them that I hadn’t any word from the company about it. I’ve since reminded them again a couple of weeks ago. Each time the response has been along the lines of ‘Ohhh yeah, we really need to sit down and get that sorted’ and ‘You have nothing to worry about’
Fast forward to last Thursday evening I received a call from Company A and they are keen for me to rejoin the company in a different and more senior role than the one I left. A lot of the reasons why I left Company A have also been changed or are in the process of changing.
At this time though I am genuinely 50/50 about wether I stay where I am or rejoin my old company.
I had holidays booked for the following Friday and this Monday. First thing Tuesday morning I approach Company B and let them know I have had an offer and am considering it for a number of reasons relating to Company B, one of which being the lack of acknowledgment and permanent contract them following my 3 month probation period.
I will say at this time that there are no issues with my work or fit within the company, I am well regarded there.
Other than a chat with the MD on the same day I mentioned my concerns within Company B, which focussed primarily on its financial (un)stability, I haven’t been spoken to about anything else since. For what it’s worth, my desk directly faces the managers and MD’s offices so I have been sat right in front of them all week.
The flip side to that is Company A have kept in touch with me this week and have met me out of hours to further discuss the role with them. Absolutely zero pressure from them to make a decision though.
I’ve come to the decision tonight that I am going accept the offer to rejoin Company A.
Now….
My initial offer letter from Company B states “ Following your probation period, you will be required to give 3 months’ notice period.”
My understanding is that as the end of my probation hasn’t been acknowledged I am only required to give 1 weeks notice.
Is this assumption correct?
airsafari87 said:
Probationary period with company B is 3 months. The exact and only wording with regard to the probationary period on the offer letter is - “You will join us on an initial 3-month probationary period.“
What, if anything, is written in your contract of employment? What, if anything, is written in the handbook?
I think that if you’ve asked them for confirmation in a documented way and they’ve not responded to say you’ve passed you’re pretty clear to go.
They can only come at you for damages for losses , which basically are none, so in reality your risk here is very low.
In your shoes I’d give a month’s notice and go.
They can only come at you for damages for losses , which basically are none, so in reality your risk here is very low.
In your shoes I’d give a month’s notice and go.
bennno said:
EmailAddress said:
Paperwork.
No paperwork, no beuno.
Just move.
Ultimately, what are they going to do.
Not pay you.No paperwork, no beuno.
Just move.
Ultimately, what are they going to do.
Personally I’d tell company A that I accept their job offer, that I may have a 3 month notice period to serve, but that I will try to agree to shorten that with company B. Ideally company A will accept they may need to wait but could get you sooner, and you can relax.
airsafari87 said:
My initial offer letter from Company B states “ Following your probation period, you will be required to give 3 months’ notice period.”
My understanding is that as the end of my probation hasn’t been acknowledged I am only required to give 1 weeks notice.
Is this assumption correct?
No. You are now subject to three months notice. Your probation is over. It doesn’t need to be discussed, written up or signed off. You are past the three months, there has been nothing negative (I assume) your probation is over. Three months notice. My understanding is that as the end of my probation hasn’t been acknowledged I am only required to give 1 weeks notice.
Is this assumption correct?
Jasandjules said:
What, if anything, is written in your contract of employment?
What, if anything, is written in the handbook?
As above really. The offer letter, in regard to probationary period says only this :-What, if anything, is written in the handbook?
“ You will join us on an initial 3-month probationary period.”
In relation to notice it says only this :-
“ Following your probation period, you will be required to give 3 months’ notice period.”
I believe there is a handbook in the break area somewhere in the office? I will have a read of that on Monday and see if there is anything further written in there.
airsafari87 said:
I believe there is a handbook in the break area somewhere in the office? I will have a read of that on Monday and see if there is anything further written in there.
In the absence of anything else (i.e. something that says you will be notified in writing that you have passed) then your probation has now ended and it is a notice period three months..... That is not to say you can't negotiate with them but...
Jasandjules said:
In the absence of anything else (i.e. something that says you will be notified in writing that you have passed) then your probation has now ended and it is a notice period three months.....
That is not to say you can't negotiate with them but...
That’s fine, and is why I asked. I didn’t want to look like a fool on Monday and hand my notice in with the wrong notice period.That is not to say you can't negotiate with them but...
Given that the company cannot give any assurances that it will actually be there beyond 3 months I’m sure I’ll be able to negotiate a term that suits the both of us.
carinatauk said:
Have Company A provided a letter confirming the role etc? I might have missed it
This. Get a nailed on contract with Company A (or at least as nailed as can be) before you resign or you risk ending up with no job. Whay happens if B insist on 3 months & A says that is too long, we've found someone else?carinatauk said:
Have Company A provided a letter confirming the role etc? I might have missed it
They haven’t.But I have had a number of conversations with what was my old manager and will be my new manager, he has risen the ranks within the company since I left and I have a strong relationship with him. One of the main reasons he wants me back is that he wants someone he can trust (his words) to work closely with him, that trust goes both ways.
I’ve also spoken with the head of HR and there is no issue there.
And after meeting and speaking to my old manager yesterday, he said that the MD has asked him am number of times this week if he had had confirmation from me that I was rejoining the business.
So even if my present company lost their head with me on Monday and marched me off site I know I could walk in to my new job on Tuesday.
If my present company do make me work the 3 months then that won’t be a problem for me or my new employer either. The role there is being created to bring me back in to the company I is ‘my’ role, so they wouldn’t be filling it with anyone else.
I’ve been a manager in this type of situation. None of the companies I’ve worked would’ve launch a civil action about this. It costs a fortune, takes years to resolve and damages will be minimal as the employer needs to make serious effort to mitigate their costs.
The damage starting a civil action, to their reputation with employees, suppliers and customers would be significant. They’d come across as nasty, mean and vindictive.
The damage starting a civil action, to their reputation with employees, suppliers and customers would be significant. They’d come across as nasty, mean and vindictive.
jimmydash said:
I’ve been a manager in this type of situation. None of the companies I’ve worked would’ve launch a civil action about this. It costs a fortune, takes years to resolve and damages will be minimal as the employer needs to make serious effort to mitigate their costs.
The damage starting a civil action, to their reputation with employees, suppliers and customers would be significant. They’d come across as nasty, mean and vindictive.
I've seen this once in my career. The HRD was nasty, mean and vindictive, an utter prick, and looked it too The damage starting a civil action, to their reputation with employees, suppliers and customers would be significant. They’d come across as nasty, mean and vindictive.
jimmydash said:
I’ve been a manager in this type of situation. None of the companies I’ve worked would’ve launch a civil action about this. It costs a fortune, takes years to resolve and damages will be minimal as the employer needs to make serious effort to mitigate their costs.
The damage starting a civil action, to their reputation with employees, suppliers and customers would be significant. They’d come across as nasty, mean and vindictive.
That's my experience as well.The damage starting a civil action, to their reputation with employees, suppliers and customers would be significant. They’d come across as nasty, mean and vindictive.
In addition - nobody wants somebody working for them who doesn't want to be there, especially if they have another job lined up. They'll be pissed off that they can't leave, doing the bare minimum, slacking off, and raiding the stationery cupboard for every biro they can steal. It's just not worth the hassle.
Quick update on this.
Handed my notice in last Monday (20th Nov) and mentioned that if possible, I would like to leave at the end of November but if they couldn’t accomodate that I understood.
It wasn’t met with an answer either way, but with a ‘Can we get back to you on that’
As of today (27th Nov) I haven’t heard anything back.
The new company is really keen for me to start on 1st Dec and has everything in place for me to start then.
Handed my notice in last Monday (20th Nov) and mentioned that if possible, I would like to leave at the end of November but if they couldn’t accomodate that I understood.
It wasn’t met with an answer either way, but with a ‘Can we get back to you on that’
As of today (27th Nov) I haven’t heard anything back.
The new company is really keen for me to start on 1st Dec and has everything in place for me to start then.
airsafari87 said:
Quick update on this.
Handed my notice in last Monday (20th Nov) and mentioned that if possible, I would like to leave at the end of November but if they couldn’t accomodate that I understood.
It wasn’t met with an answer either way, but with a ‘Can we get back to you on that’
As of today (27th Nov) I haven’t heard anything back.
The new company is really keen for me to start on 1st Dec and has everything in place for me to start then.
This feels like something you want to chase with HR and not opine about on the internet perhaps?Handed my notice in last Monday (20th Nov) and mentioned that if possible, I would like to leave at the end of November but if they couldn’t accomodate that I understood.
It wasn’t met with an answer either way, but with a ‘Can we get back to you on that’
As of today (27th Nov) I haven’t heard anything back.
The new company is really keen for me to start on 1st Dec and has everything in place for me to start then.
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