Notice Period Employment query

[J2daG1990]

Hopefully a quick one:

Handed in notice today at work.

Contract of Employment I signed and returned when I started says Notice period is 4 weeks.
Offer Letter I signed and returned when I started says Notice period is 2 months.

New job wants me to start ASAP.

HR have told me in email when I queried this that offer letter supersedes the T&Cs in the Contract of Employment, therefore it is correct the offer letter states two months' notice period.

Both were signed and returned at exactly the same time.

Any legal bods confirm if this is correct in Law?

Just edited to add as well they did say to have a friendly discussion with my line manager and see if they are happy to offer any Leeway on the 2 months which I plan on doing tomorrow, so will see how that goes.

Edited by J2daG1990 on Wednesday 9th May 17:04

[Hoolio]

J2daG1990 said:

Hopefully a quick one:

Handed in notice today at work.

Contract of Employment I signed and returned when I started says Notice period is 4 weeks.
Offer Letter I signed and returned when I started says Notice period is 2 months.

New job wants me to start ASAP.

HR have told me in email when I queried this that offer letter supersedes the T&Cs in the Contract of Employment, therefore it is correct the offer letter states two months' notice period.

Both were signed and returned at exactly the same time.

Any legal bods confirm if this is correct in Law?

Just edited to add as well they did say to have a friendly discussion with my line manager and see if they are happy to offer any Leeway on the 2 months which I plan on doing tomorrow, so will see how that goes.

Edited by J2daG1990 on Wednesday 9th May 17:04

INAL but in recruitment. It sounds to me like HR are talking their usual BS. The employment contract, in my opinion, supersedes the offer letter as you cannot be expected to be bound to terms of employment that you've not had sight of - at the point of receiving the offer letter I'm guessing you'd not seen their T&C's. Thus your notice period is 4 weeks as stated in your contract.

I'm sure a lawyer will be along with a definitive answer shortly.

In the meantime make sure you speak with your line manager and ask them if they are happy if you leave earlier than your notice, you may even be able to negotiate the 4 weeks down.

Good luck!

[anonymous-user]

Your get zero marks on your paper because you did not read the question. The OP signed and returned both documents. He therefore had the chance to read the terms offered (whether he did or not is immaterial). The question is what was the intent of the parties. Ambiguity could be resolved against the party that put forward the documents, but that will only happen if intent is not otherwise clear. The inclusion of the longer notice period in the probably bespoke letter of offer is likely in my view to trump the shorter notice period in the boilerplate terms.

[Jasandjules]

If you returned both documents at once I would suggest that your Offer Letter would be enforceable as such so eight weeks.

I am going to assume that when you started you didn't query this difference....

[Draculaw]

Does the employment contract contain an entire agreement provision or a conflict provision? Something along the lines of “the parties agree that this contract represents the parties’ entire understanding and supersedes all other representations” or “in the event of conflict between this contract and any other document, the terms of this contract shall prevail”?

[anonymous-user]

In my experience entire agreement clauses are rarely decisive.

[J2daG1990]

Draculaw said:

Does the employment contract contain an entire agreement provision or a conflict provision? Something along the lines of “the parties agree that this contract represents the parties’ entire understanding and supersedes all other representations” or “in the event of conflict between this contract and any other document, the terms of this contract shall prevail”?

I have had a thorough read through both and I can't see any mention of this in the offer letter or the employment contract.

Offer letter just says, "On successful completion of the probationary period, your notice period will increase to two months". At the very bottom it says, "I accept this offer of employment and agree to the terms above". Signed and dated 8th August 2016.

Only relevant clause I could find in the contract of employment was at the very top where it says, "As at 8 August 2016 given pursuant to the Employment rights Act 1996. Your employment is subject to the standard terms and conditions of employment of the firm, subject to any variation set out in your letter of appointment. The standard terms and conditions are contained in this document. Again signed and dated 8th August 2016

Nothing else mentioned in either about entire agreement provision.

I am hoping to meet somewhere halfway with my line manager tomorrow and see if we can come to an agreement.

[bassanclan]

It sounds like it might have been 4weeks/1 month during probationary period increasing to 2 months thereafter. Given that it specifically says the offer letter supercedes the contract terms I think 2 months notice is required.

I would gather as many reasons as possible for the manager allowing you to leave early. E.g poaching clients etc etc

[CardinalBlue]

J2daG1990 said:

I have had a thorough read through both and I can't see any mention of this in the offer letter or the employment contract.

Offer letter just says, "On successful completion of the probationary period, your notice period will increase to two months". At the very bottom it says, "I accept this offer of employment and agree to the terms above". Signed and dated 8th August 2016.

Only relevant clause I could find in the contract of employment was at the very top where it says, "As at 8 August 2016 given pursuant to the Employment rights Act 1996. Your employment is subject to the standard terms and conditions of employment of the firm, subject to any variation set out in your letter of appointment. The standard terms and conditions are contained in this document. Again signed and dated 8th August 2016

Nothing else mentioned in either about entire agreement provision.

I am hoping to meet somewhere halfway with my line manager tomorrow and see if we can come to an agreement.

In my (non-legal) opinion, the letter states two months, so that is a variation as stated in your contract?

[Flumpo]

You’re doing the right thing and ask your manager. But at the end of the day it will come down to a few things:

Is there any reason you leaving in 4 weeks will cause them big problems?

Are they really going to take you to court to enforce the 8 weeks?

Do you need a reference still?

Are you going to a direct competitor?

This happens all the the time and 9 times out 10 they will let you go after the 4 weeks. They are not going to want you there for weeks 5-8 when you are unlikely to do any work, you could just quit tomorrow, and it doesn’t do their reputation any good.

Your best bet is be nice, and explain they need you to start in 4 weeks, you will do everything you can to provide a handover and finish work where possible.

[anonymous-user]

CardinalBlue said:

In my (non-legal) opinion, the letter states two months, so that is a variation as stated in your contract?

You are correct.

[anonymous-user]

I have seen employers sue, successfully, to enforce a two month notice period. Many won't, but some will. Negotiate.

[J2daG1990]

Breadvan72 said:

I have seen employers sue, successfully, to enforce a two month notice period. Many won't, but some will. Negotiate.

Thanks Breadvan72. Yes I’ve heard of examples where employers can sue for loss of earnings, if for example they have to pay a contractor more money to cover the days where you would have been working for less.

As mentioned I’ve got a discussion with my line manager tomorrow so I’ll try and negotiate a halfway 6 week notice period.

I appreciate all the replies so far very helpful.

[Paul the Painter]

Was there a probation period? Did you get a sign off of your probation? Is the length of the probation period mentioned in the contract? If not you may have a immediate out, as with changes to the point at which you get full employment rights to 2 years, that might imply that 2 years is the default probation period.

[bassanclan]

Paul the Painter said:

Was there a probation period? Did you get a sign off of your probation? Is the length of the probation period mentioned in the contract? If not you may have a immediate out, as with changes to the point at which you get full employment rights to 2 years, that might imply that 2 years is the default probation period.

Good point

[Gavia]

Breadvan72 said:

I have seen employers sue, successfully, to enforce a two month notice period. Many won't, but some will. Negotiate.

Negotiate? Absolutely not OP, go in all guns blazing, burn every bridge, quote ill informed comments from here and ensure that no matter what you keep face, even if it means having to work 15 months notice.

[Al U]

A decent company will wait for you. You may also want to consider that the new company may respect you more if you tell them you are going to serve your full notice period as you would do for them in the event that you leave them in the future.

Edit: Did the new company ask you what your notice period was when they interviewed you?

Edited by Al U on Wednesday 9th May 23:10

[Hoolio]

Breadvan72 said:

Your get zero marks on your paper because you did not read the question. The OP signed and returned both documents. He therefore had the chance to read the terms offered (whether he did or not is immaterial). The question is what was the intent of the parties. Ambiguity could be resolved against the party that put forward the documents, but that will only happen if intent is not otherwise clear. The inclusion of the longer notice period in the probably bespoke letter of offer is likely in my view to trump the shorter notice period in the boilerplate terms.

Indeed. Particularly when further info comes to light

J2daG1990 said:

"Offer letter just says, "On successful completion of the probationary period, your notice period will increase to two months". At the very bottom it says, "I accept this offer of employment and agree to the terms above". Signed and dated 8th August 2016."

[Durzel]

Why did you sign it if you disputed the 2 months notice? Why didn't you query it between starting employment / leaving probation and now, before the point at which you are impacted by it?

As a rule of thumb you shouldn't sign things that you have issues with.

[mgv8]

So first steps are:
How soon does the new company really need you?
What has your current company said about leaving early. How much holiday do you have?
What action has the company take before if people to just go?
One option is say you are being treated badly by the company and must leave but this quite a few downsides.