Notice Period

RE: Notice Period

gemma83 — Tue, 06 Oct 2020 10:23:50 GMT

Hi thanks everyone for your comments

I spoke to my employer to discuss the notice period and got everything sorted

RE: Notice Period

jkirk — Tue, 06 Oct 2020 08:41:32 GMT

Once the 6 month period has been completed, regardless of receiving a letter or not, the continued working in the practice means you have automatically completed your probation. Therefore the contractual notice period (12 weeks in your case) is applicable.

It is possible to reduce this notice if the practice & employee both agree on a new date together. 5 weeks notice for any employee is not a lot to find a replacement if they need someone at the moment. However 6-8 weeks if more acceptable from that point of view.

You also need to take into account any lieu or holiday days you have booked or left to take too.

Even if you have 12 weeks written on your contract, it is worth speaking to your manager, As once any lieu or holiday are taken into account this may produce a be more useful date for you. You may also both agree to a shorter notice period too.

If you have a new job lined up, speak to the new employees, they also understand the difficulties & time involved in recruiting new nurses when they leave. So they should be able to accommodate the increased time gap if they have enough notice. They may be able to employ a locum nurse until you can start instead.

ACAS is always a good port of call to ask for advice regarding employment matters.

I hope this helps.

RE: Notice Period

ragina falange — Sat, 03 Oct 2020 16:27:17 GMT

In a previous position as a manager, a similar thing happened, she had passed probation and no formal letter was sent, she gave me 5 days notice rather than the 2 months, I asked her and they said they were not able to actually enforce it and anything they could do realistically would t be worth it so everyone else just had to pick up the slack until she was replaced ♀️

RE: Notice Period

Selena Carnell — Wed, 30 Sep 2020 07:12:33 GMT

Even if no review has been given, i think legally you will be bound by that contract as you have accepted by from the company which therefore means you have accepted their terms and conditions. i wouldn't leave on bad terms but if you have holiday you can request to use that in your leave.

RE: Notice Period

r-more — Mon, 28 Sep 2020 17:58:33 GMT

I’m not advocating one way or another, that’s down to the OP to decided, just spelling out how a two way contract works should “push come to shove”.

RE: Notice Period

Sal the 1st — Sun, 27 Sep 2020 20:00:53 GMT

If you are leaving to go to a new practice explain to them that you have a 3month notice period. If they are decent they will wait. If they can't wait then if it was me I would be questioning what sort of practice it was that expected me to leave an employer in breach of a contract? If I was the new employer I might also be thinking what is to stop you doing the same to them? - or maybe that is the way they are used to being treated if for instance they have a high staff turnover? Sometimes practices will let an employee leave without working their full notice period - most commonly this happens when there has been an irreversible breakdown in the working relationship. You could try asking your current employer and see what they say

RE: Notice Period

apache — Sun, 27 Sep 2020 19:27:39 GMT

I think there is more to this than "your practice can charge you 50p per hour to replace you"

You are a professional on a professional register. You signed a contract agreeing to a 3 month notice period, after a 6 month probation. You do the decent thing and go by the contract you signed. It's the professional thing to do.

RE: Notice Period

r-more — Sun, 27 Sep 2020 16:26:28 GMT

If you were to give less notice than required, in theory your employer could hold you liable for the costs of covering your shifts, but only any extra cost incurred above what they would have paid you to do it in the first instance. So, if you were paid £9 an hour and they had to pay someone £9.50 an hour to cover, you could be held liable for the extra 50p. However, to enforce this this they would have to take you to court. They could in practice deduct this from your final pay, but you could take them to tribunal if they didn’t have permission to do so.

RE: Notice Period

Rachel Woodcock — Sat, 26 Sep 2020 17:11:43 GMT

Ive never had actual confirmation that I've passed my probation period in any of my previous jobs. By staying in the job longer it implies that I'd passed the probation period imo.

3 months is a really long notice period,mine was 2months and that's because I'd worked there for over 5 years.

You can ask your employer if they agree to you leaving sooner than your notice period but my contract has a clause in that if you did that you'd be liable for the cost of the wage of the person who did your shifts up til when the actual end of your notice period should have been so check your contact for that

RE: Notice Period

apache — Sat, 26 Sep 2020 16:55:35 GMT

Most contracts are written in such a way that once a period of time has elapsed (6 months in your case) your probationary period ends and the normal contractual terms apply. Probation just makes it easier if someone not fitting in and protects both sides with shorter notice period etc. No obligation to tell you that it has ended (unless specifically stated in the contract).

I expect your 3 month notice to stand.