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If a contract states there is no notice due during a probationary period does this mean the employee can just tell HR they're going and leave there and then. Everywhere I look to check I'm finding a statutory period of one week - does this only apply to the employer?

 

The employee is three months into a six month probationary period and has been head hunted. They wouldn't dream of just walking out under normal circumstances but their line manager will make their life a misery during any notice period.

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Standard thing during a probation period is a week be either party as an industry standard...

TBH If it was a month id be a bit more cautious but its a week... Id take the plunge if something went iffy during it...

 

Just be polite a respectful and explain that they have had a very good offer and its not something they can say no too :)

They will understand im some capacity...

 

I speak from doing this twice in the past :)

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The statutory minimum is exactly that, the minimum that either side can give. Employers cannot avoid the minimum by calling it a 'probationary period'. Employers can - and often do - put longer notice periods than the statutory minimum by both sides into their employment contracts but cannot put less, so the 'no notice by employer' isn't legal anyway. If there is nothing in the contract that requires a longer notice period from you then you must give the statutory minimum notice. Which for you (with 3 months employment) is one week.

 

http://www.acas.org.uk/index.aspx?articleid=4096

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Thank you.

 

 

They will understand im some capacity... I speak from doing this twice in the past

Oh the whole of the rest of the company will understand because her line manager is universally hated both within the company and the industry at large. That's partly why she was approached by another company - they know people will be open to the idea of moving. It's meant to be a five person department and it's currently just her and the line manager because staff don't stay.

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I left my last job in June because of something very similar - Not a direct line manager but said person had been bullying me for a while...

Id say best thing is to just move on at this point. Give a weeks notice and refer the Employer to ACAS guidelines if they get shirty... :)

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dont forget, you will have accrued some paid annual leave within the time you have been there and you must take this in your notice period.. they may owe you a bit more holiday apy if you havent had any leave in the 3 months you have been there. Do your sums before you hand in the letter, you may be walking out as soon as you have delivered it!

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Id say best thing is to just move on at this point.

I think that's a given :) The company are fine, they're a good employer and will certainly ensure all holiday pay etc. is properly calculated. It's just this one guy who nobody can understand how he keeps his job. His immediate boss knows he's incompetent but he seems to have someone looking out for him further up. Ironically his only saving grace is that he rarely puts in an appearance and 'works from home' a lot only showing up to blame all his failings on whover left last. Once the employee gives their notice he'll have to come in to work and he'll make her life a misery.

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Once the employee gives their notice he'll have to come in to work and he'll make her life a misery.

 

 

It's only a week though, maximum. Less if there's holiday owing. I guess most people can handle that. Head down, get on with it, ignore any hassle for the few days left.

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It's only a week though, maximum. Less if there's holiday owing. I guess most people can handle that. Head down, get on with it, ignore any hassle for the few days left.

Completely agree. There's every chance she's owed a fair bit of time off in lieu too. Whatever she does will be agreed with HR and it isn't a huge issue, more that having seen on her contract it says no notice she'd have gone with that had it been an option. I'm guessing now they mean no more than statutory notice.

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