Permie to Contract

**XLMonkey** · 27 February 2008, 12:47

Contractually, I think that you are in a strong position - if the probation period only ended with a formal confirmation, and that confirmation wasn't provided, then the notice period is 1 week. The fact that it is inconvenient is your bosses problem (particularly if he didn't sort out the confirmation paperwork).

Practically, its a little more difficult, but not that much. He could give you a bad reference, I suppose. However, most companies have a firm policy on references, which is that they don't give them. All they will do is confirm the start and end dates of your employment. It is possible, even probable, that your boss is making a threat that in practice he could not or would not follow through on. Depends on whether or not you want to call his bluff....

You might want to explore some options in the middle ground - presumably you have some holiday to take that should soak up some time, plus the client at the other end may be prepared to wait an extra week or so for you to start? There is usually a practical solution that doesn't involve pressing the nuclear button.

Good luck

**Ardesco** · 27 February 2008, 12:58

Secondly, if they have refused to take you out of probation, what makes you think they will provide you with a glowing reference if you work a months notice anyway?

Tell him he has his week and you will see him in court with a libel case if he gives you a bad reference for observing the terms of your contract.

**Sockpuppet** · 27 February 2008, 13:11

Aye. Companies won't give you a bad reference. They are not allowed to. They can however refuse to give you one.

Just leave. I was fired from every permie job I ever had and that didn't affect my references from them.

**Wilmslow** · 27 February 2008, 13:14

Have you a contract to move straight onto?

If so, have you talked dates? If not, what are your plans for getting work?

Thinking about the need to get 3 months money salted away and all of that to keep the wolf from the door……

If looking, post your location and what sort of work you are after – you never know your luck

**ratewhore** · 27 February 2008, 13:38

Leave. My references have never been taken up for any of my contracts. Having said that, I'm sure they've been tapped up by the pimp but that is another story...

**oracleslave** · 27 February 2008, 13:40

Originally posted by ratewhore View Post

Leave. My references have never been taken up for any of my contracts. Having said that, I'm sure they've been tapped up by the pimp but that is another story...

Yes do the 1 week and leave. Never had my references taken up either.

**BrilloPad** · 27 February 2008, 13:49

Originally posted by contractoruk View Post

My boss is asking me to stay for 1 month and says If I dont, it will affect my references!

how has he said this? if by email you are in a great position. if verbally, try to get him to repeat it while you record the conversation.

It is very very rare for references to be taken anyway.

How big a company do you work for? Do they have a HR department? They might be very helpful for a case like this.

**NotAllThere** · 27 February 2008, 15:10

Originally posted by Sockpuppet View Post

... I was fired from every permie job I ever had ...

If you're ever bored, and a bit short of cash, try raising unfair "constructive" dismissal cases against them.

**Platypus** · 27 February 2008, 15:55

Originally posted by NotAllThere View Post

If you're ever bored, and a bit short of cash, try raising unfair "constructive" dismissal cases against them.

Indeed, not formally confirming the end of your probationary period could probably be construed as constructive dismissal given that (let's say) you feel obliged to leave and look elsewhere due to not having job security.

I would have thought that even a whiff of this would make your boss back down immediately.

Permie to Contract