Increase in notice ...
 

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[Closed] Increase in notice period. H.R help please.

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Hi,

My current employer has informed me that my notice period has increased to 3 months. I didn't sign anything, they just handed me a letter. Firstly is allowed and secondly what happens if I just hand in a months notice and then depart?

thanks


 
Posted : 04/08/2011 4:03 pm
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*shines spotlight into the sky...*


 
Posted : 04/08/2011 4:06 pm
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?


 
Posted : 04/08/2011 4:07 pm
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First of I would want more money for a contract with 3 months notice as your 'liquidity' is severely reduced.

You could leave it as it is as if you decide to leave I doubt that the imposed 3 months would hold up if tested, as you didn't sign anything.

Assume that this also means they will give you 3 months notice?


 
Posted : 04/08/2011 4:08 pm
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Does it look like this al?

[img] [/img]


 
Posted : 04/08/2011 4:10 pm
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*shines spotlight into the sky...*
😀


 
Posted : 04/08/2011 4:10 pm
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From Businesslink.gov.uk:

"The minimum statutory notice period which must be given by an employee is at least one week's notice if employed continuously for one month or more by that employer. This minimum is unaffected by longer service."

"Right to waiver
Employers and employees can both waive their right to notice - even though they cannot contract out of the legal minimum period."

So you only legally have to give one week's notice whatever it says in your contract of employment. Whether your boss is allowed to increase it as and when they see fit, I do not know but as you only have to give a week legally I wouldn't worry about it.


 
Posted : 04/08/2011 4:11 pm
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Yes, I agree they have to give me three months notice also. I was just wondering about the legalities of it all?


 
Posted : 04/08/2011 4:12 pm
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I'd have to agree with TurnerGuy in that a change without signing, and a three month period are both unfair conditions in the contract and if tested would fail in a court/tribunal.
I don't understand what he means in the first sentence though.


 
Posted : 04/08/2011 4:12 pm
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I think he means the OP can't leave as easily to get another job.

I'd post up what I think the answer is but I can't be certain so I'm not going to add to the confusion.

*does special dance*


 
Posted : 04/08/2011 4:14 pm
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If you didn't sign then it isn't your contract. I'd leave it alone and if you decide to quit and only give your original 1 month's notice there's nothing* they can do about it.

*this is not true - but there's nothing easy/cheap they can do about it


 
Posted : 04/08/2011 4:15 pm
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Sounds great - if they make you redundant they will end up paying you for three months while you sit and do nothing. If you hand in your notice they will end up paying you for three months while you sit and do nothing 🙂


 
Posted : 04/08/2011 4:19 pm
 Ewan
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Doesn't not saying anything and leaving it for x number of years without saying anything (assuming that you're not planning to leave immediately) amount to a tacit acceptance of your revised terms and conditions.

I'd just reply back and saying you don't accept it, on the other hand i'd talk to a forum lawyer first.


 
Posted : 04/08/2011 4:21 pm
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join a union

Can't change the contract (easily) without your agreement. Almost impossible to enforce a 3 month notice period anyway.

What could they do If you gave months notice and walked. Sue you for breach of contract - again oversimplifing they have to show it was a contractual term and that they had loses because you didn't stick to the terms of the contract. ie in practise not a lot they can do.

If you ignore the letter it could be deemed that you accept it.

Write back saying you don't accept the change to your contact.

As ever - advice on the internet is worth exactly what you paid for it - get real advice if worried.


 
Posted : 04/08/2011 4:25 pm
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Can I just say that doing a google image search for "TandemJeremy" is one of the strangest/funniest/most disturbing things I have done in some time.....


 
Posted : 04/08/2011 4:27 pm
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both parties have to agree to a change in contract. I assumed you refused to agree to the new terms?


 
Posted : 04/08/2011 4:40 pm
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My eyes 😯

[img] [/img]


 
Posted : 04/08/2011 4:40 pm
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I think thats what she may be thinking as well


 
Posted : 04/08/2011 4:46 pm

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