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Conflicting notice periods

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  • Conflicting notice periods

    Hi All,

    New to this forum and have read some great advice and threads so thought I would pose a question regarding a situation effecting me.

    I began continuous employment with my company in 2008/09 with a contract that stated 1 months notice period.

    In 2010 the company was taken over and bought out and we all transferred to the new company on our existing terms and conditions. During my time with that company I have had a couple of promotions and pay rises resulting in a change to my Ts&Cs.

    In the letters stating the changes they have mentioned the change in title and also the change in salary however then state that all remaining terms and conditions remain the same. Therefore I believe I should be on 1 months notice period

    However some months back I noticed that my notice period had been deleted from the internal HR / personnel system so I queried the notice period with HR who stated that it was 3 months either way.

    This would be more in line with somebody of my current level however due to the letters issued and my original contract I have always believed one month should be the notice period.

    This has now become an issue as I am looking to leave my current employer. I would like to leave asap and therefore submit one months notice however there are also some items that I would need to pay back to the employer (contributions to company car) that I really would like to avoid if possible and so thought about highlighting the issues regarding notice period and come to a compromise (the amount I owe is equivalent to less than half a months salary) so the employer would avoid paying approx. 6 weeks salary.

    Also to note I am in a position where I have close and long term client relationships and will be leaving to go to a competitor so will probably moved away from any client contact

    Just wondered is anyone had come across the situation before regarding conflicting notice periods and see if anyone had any advice??

    Many thanks
    Tags: None

  • #2
    Re: Conflicting notice periods

    Re the change in notice period, if this has not been brought to your attention by the employer previously, an employer can't make unilateral changes to an employment contract; the employees permission is needed.
    Rigby-v-Ferodo Ltd [1987]

    & welcome to LB, btw.
    CAVEAT LECTOR

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    Cohen, Herb


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    gets his brain a-going.
    Phelps, C. C.


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    The last words of John Sedgwick

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