Employment contact question - notice period
Employment contact question - notice period
Author
Discussion

M3CS

Original Poster:

383 posts

202 months

Thursday 4th July 2013
quotequote all
Hello chaps.

I've recently been promoted at work, but am beginning to think the meager pay increase doesn't quite match up to an apparent doubling of my work load. I'd like to start looking at a move.

My problem is....when I joined the company a few years ago, my offer letter stated my notice period was ONE MONTH. I've received no correspondence from the HR people since, except for my annual P60.

However, it's common knowledge in the company that people at the level I've been promoted to have a THREE MONTH notice period, confirmed by the employee handbook on our company network (viewed on someone else's computer).

My question: if I've never received any official correspondence nor been directed to read the employee handbook since being promoted (and there's no IT record of me viewing the employee handbook) am I legally bound to the one month or three month notice period?
[I guess the HR people would argue that I never officially got told by them of my promotion or pay rise, so I can't have it both ways!]

I'm not too bothered what the answer is really, but I just need to know for any job applications I make....I don't want to say it's 1 month, get a job offer, resign, then find I can't move for 3 months in actuality.
[Before anyone suggest "ask your HR dept.", I've not in case they move to close the possible 'loop hole' by sending a letter straight after!]

Many thanks in advance.

Countdown

49,291 posts

225 months

Thursday 4th July 2013
quotequote all
Did you get an offer letter and/or sign a contract ?

Slidingpillar

761 posts

165 months

Thursday 4th July 2013
quotequote all
I'd not be surprised if your initial notice period was a month, but rose to three months after a year. Mine did! However it was all in the contract.

anonymous-user

83 months

Thursday 4th July 2013
quotequote all
Silence is equivocal. Absent some clear evidence of an agreed increase in notice, the period remains one month.

M3CS

Original Poster:

383 posts

202 months

Thursday 4th July 2013
quotequote all
Countdown said:
Did you get an offer letter and/or sign a contract ?
The notice period was only ever stated in my offer letter.

The contract was a single sheet which came with it, making reference to the offer letter as the place to look for employment terms.

M3CS

Original Poster:

383 posts

202 months

Thursday 4th July 2013
quotequote all
Slidingpillar said:
I'd not be surprised if your initial notice period was a month, but rose to three months after a year. Mine did! However it was all in the contract.
Nothing saying so in the offer letter. smile

M3CS

Original Poster:

383 posts

202 months

Thursday 4th July 2013
quotequote all
Breadvan72 said:
Silence is equivocal. Absent some clear evidence of an agreed increase in notice, the period remains one month.
Where's a barrister when you need one? smile

Thanks for the advice!

craigjm

21,393 posts

229 months

Thursday 4th July 2013
quotequote all
Notice remains at a month until they issue you with a new contract or contract variation for your new post.

anonymous-user

83 months

Thursday 4th July 2013
quotequote all
The contract could be varied by words or by conduct - a document isn't always necessary, but in any event there must be evidence of an agreement to vary the notice period.

craigjm

21,393 posts

229 months

Thursday 4th July 2013
quotequote all
Breadvan72 said:
The contract could be varied by words or by conduct - a document isn't always necessary, but in any event there must be evidence of an agreement to vary the notice period.
Indeed

mcflurry

9,189 posts

282 months

Friday 5th July 2013
quotequote all
In a previous role, a young lad worked with a weeks notice, uping to a month once the probation period was passed.

Being a bright lad he easily passed the probation, and was head hunted shortly afterwards.
His probation letter was never sent, so he gave us a week's notice, which he had to accept.

To be fair, he stayed for 10 days to handover the role to his replacement

M3CS

Original Poster:

383 posts

202 months

Friday 5th July 2013
quotequote all
I spoke too soon...

Today at work there was a congratulatory email to all people promoted, from the big wigs, stating at the bottom that we should consult our employment handbook as our terms of employment may have changed as a result of being promoted.

I guess that's that then. Three months it is.

Countdown

49,291 posts

225 months

Friday 5th July 2013
quotequote all
OP - I would suggest an informal word with your line manager. Nobody wants an employee who doesn't want to be there. If you can do a thorough handover then they may be willing to let you go sooner.

edc

9,626 posts

280 months

Friday 5th July 2013
quotequote all
If you really want to put it in writing that you do not agree to the 3 month notice and will accept your currently agreed in writing 1 month notice.

Skyrat

1,185 posts

219 months

Friday 5th July 2013
quotequote all
I've always wondered what would happen if I just told my employer I wasn't coming back. Short of not paying me for my notice period, realistically, what are they gonna do?

craigjm

21,393 posts

229 months

Saturday 6th July 2013
quotequote all
Skyrat said:
I've always wondered what would happen if I just told my employer I wasn't coming back. Short of not paying me for my notice period, realistically, what are they gonna do?
Sue you for breach of contract? State in your reference in future how you handled leaving?

anonymous-user

83 months

Saturday 6th July 2013
quotequote all
An employer can't force you to work, but if the contract has a garden leave clause and the employer does not accept the short notice, it could apply for an injunction to stop you working for anyone else during the notice period. It would have to pay you during that period as a condition of obtaining the injunction. The court could grant the injunction if it considered it reasonable to hold the employee to the notice period. I am summarising here, rather than setting out in detail all of the relevant principles.

Sir Bagalot

7,081 posts

210 months

Saturday 6th July 2013
quotequote all
Never ceases to amaze me how many people bh and moan about long notice periods.... but what if the situation was flipped and they were booting you? You'd be wanting your three months money.

Go talk to your boss. I've did it once, simply went to him, explained I was moving because I really didn't like it here, everything that I needed to hand over is already done.... can I leave on Friday?

davepoth

29,395 posts

228 months

Saturday 6th July 2013
quotequote all
Stick at it for a couple of months at least. It'll be a tricky job to explain to potential employers why you "couldn't handle" the promotion you were handed.

Skyrat

1,185 posts

219 months

Saturday 6th July 2013
quotequote all
craigjm said:
Skyrat said:
I've always wondered what would happen if I just told my employer I wasn't coming back. Short of not paying me for my notice period, realistically, what are they gonna do?
Sue you for breach of contract? State in your reference in future how you handled leaving?
It's possible, but I don't think the first one is realistic.