Probation, termination and timings
Discussion
Surely you need to discuss this with the employee and find out if they are are happy to work there or not. If not you need to stop wasting your time worrying about this and let them go. No point wasting time training someone in your company ways for them to leave next week. Honest and open is probably the best approach.
If someone said they didn't know whether the job was for them then I wouldn't employ them, a 6 month notice period is long but protects both parties especially when it comes to redundancy from the employees side.
Given the length of notice stipulated I'll guess this isn't an insignificant role therefore you want people that are sure they want the job, if you're asking minimum wage staff to sigh up for it well good luck!
Given the length of notice stipulated I'll guess this isn't an insignificant role therefore you want people that are sure they want the job, if you're asking minimum wage staff to sigh up for it well good luck!
Its a senior exec/leadership role. They were "head hunted" for it and all the senior gradings have a minimum 6 month notice period within the business (the organisation they left was a 12 month notice period but they flexed on this).
I completely understand the open conversation aspect, training, investment, etc. and that is happening, however, this is more centred on the contractual matter of if the contract trumps the probation sign-off letter (or whether the aspect of it being unsigned by the employee matters in this), or not, in terms of notice periods.
I completely understand the open conversation aspect, training, investment, etc. and that is happening, however, this is more centred on the contractual matter of if the contract trumps the probation sign-off letter (or whether the aspect of it being unsigned by the employee matters in this), or not, in terms of notice periods.
IANAL but given the employer can release someone relatively trouble free within the first 2 years, I suspect the courts would deem it reasonable that the employee can refuse to agree to passing probation early, given probation is a 2-way exercise and they wish to retain the benefit for a shorter notice period until the 3 months mark.
Hopefully one of the real employment lawyers will be along shortly to advise.
Hopefully one of the real employment lawyers will be along shortly to advise.
Pit Pony said:
Six months notice ? Wow. Who signs up.to that ?
Sorry nothing to add.
Except....
Why so long? I know it works both ways.
My probation is one year. I assume to reflect employment law in that they can sack you anyway.
Pretty common once you reach a certain level - although didn't stop me getting head hunted for another director role. They were happy to wait the 6 months to "get their man" so to speak. I didn't accept in the end.Sorry nothing to add.
Except....
Why so long? I know it works both ways.
My probation is one year. I assume to reflect employment law in that they can sack you anyway.
CasinoJack said:
Its a senior exec/leadership role. They were "head hunted" for it and all the senior gradings have a minimum 6 month notice period within the business (the organisation they left was a 12 month notice period but they flexed on this).
I completely understand the open conversation aspect, training, investment, etc. and that is happening, however, this is more centred on the contractual matter of if the contract trumps the probation sign-off letter (or whether the aspect of it being unsigned by the employee matters in this), or not, in terms of notice periods.
If you're the person hiring this senior exec can I ask you why you've signed up to a random car forum to ask for advice? Shouldn't you have a team around you (HR/legal) or know yourself what you want to do? I completely understand the open conversation aspect, training, investment, etc. and that is happening, however, this is more centred on the contractual matter of if the contract trumps the probation sign-off letter (or whether the aspect of it being unsigned by the employee matters in this), or not, in terms of notice periods.
If you really want them wave the conditions, if you can't, tell them it is what it is...
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