Notice, Probation and Contract

[d000hg]

Check what the contract actually says about probabation and report back?

[Not So Wise]

My signing the contract in the first place is the supposed acceptance of their suitability.

That argument is moot unless they want it turn against themselves as they signed the contract with you no?

The probation clause in this was ridicules, 2 year fixed term employment with 40% "probation" period? They saw you coming a mile off

Look at your T&C's, if it specifically says that you must give 3 months notice during the probationary 9 months you are probably screwed. If it does not say this specifically (aka implies by omission) it would be down to the judge, but if he followed any form of logic he would apply the same notice period as they would have to give you

Dont believe people who say they cannot give you a bad reference. They can tell the truth by saying what you did.

While this is true, any company with half decent lawyers that have a inch of clout would stop them giving bad references because the "truth" in these types of matters is very much open to interpretation (and in many cases has become a personal matter between the ex-employee and their previous managers).

By giving a bad reference a company really gains nothing while leaving themselves open to huge financial loses if the ex-employee decides to take the matter to court.

Good references, open up the company to being sued by the ex employee's new employer's, especially if they are false (the "he's crap but nice guy so we will give him a good ref" ones)

Hence most company's refusing to give references anymore

They could make noises about suing you but I very much doubt that would happen.

Unless they are going to have large financial losses by his leaving (loss of clients/contracts, failed project's so forth), this is true. Litigation costs money and unless the payback is worth it most companies will not bother

Oh, and you'll probably piss them off for good against taking on a contractor for any future roles even though this one wasnt what we would recognise as a contract.

Not only were they not treating him as a contractor, by no definition in our industry was this a "contract", it was a fixed term employment role. Thus he, for this role, was a permie

My experience of companies that try to be "clever" in offering these "employment contracts" to get all the advantages of hiring contractor to treat them like permies and none of the disadvantages are best avoided at all costs and government should shut them down hard because they are just basically trying to avoid labour laws by hiding behind a "contract"

[Chutney]

Update:

Told them I was off, gave a month. Director of IT said thanks for all the good work, which was of a high quality, and that if ever I need a reference to put him down.

Slightly less stressed about it now.

Back to proppa contracting