Change to Notice Period

[Brianp123]

Hello All,

I would appreciate some advice / tips.

I have been working for my company for 6 years, and my notice period is currently one month either way.

My employer starting to introduce formal contracts, including changes to notice period. For most people, this is 3 months (from Employee to company) and the company must give one week for each year of service, with a minimum of 4 weeks.

Although we don't have a formal job grade structure, my notice period will change to 6 months and 1 week for each year of service - meaning that I have to give the company 6 months notice, but they only have to give me 6 weeks notice.

I am sure that there is nothing actually illegal, but any tips of how I can manage this?

I would prefer 3 months either way, but would accept 6 months, but don't think it is unreasonable to get the same notice in return.

The easy answer would be to not sign / highlight the area I disagree with, but not sure how this will be viewed.

Any help would be appreciated!

[des8]

Tagging Ula
Meanwhile does your current contract have a clause allowing variation of the contract?

[Brianp123]

Double Post !! ...

[Brianp123]

Tagging Ula
Meanwhile does your current contract have a clause allowing variation of the contract?

Thanks for your reply.

I currently don't have a contract of employment - just an offer letter from 6 years ago stating the one month either way notice period.

We have recently got a new HR person who is working through issuing everybody with a written contract.

The Company Handbook states "You are required to give one month's clear notice of your termination of employment, unless otherwise stated on your Contract of Employment"

For termination of employment, it says that I am entitled to "not less than 1 week's notice for each year of continuous service".

So, at the moment I need to give one month, and they need to give me 6 weeks notice - they want to change this to I have to give 6 months and they give me 6 weeks !

[ULA]

If your contract contains a variation clause which entitles your employer to extend the notice period, then they have the contractual right to amend the contract in that regard. Having said that, the right to vary the contract must be exercised reasonably – i.e. the variation itself must be reasonable and that you have been given a reasonable period of time to consider it. Extending your notice period from one month to six unless you are in a very senior/specialist position is unlikely to be considered acceptable in my view.

In the absence of a variation clause, the employer does not have the right to vary your contract without seeking your agreement. If you did not agree to the variation and they just decided to impose it then that is likely to be a breach of contract.

Alternatively, the employer could give you notice to terminate the existing contract and at the same time offer you a new contract containing the new notice period. This option also carries risks, in that there may be a potential claim for unfair dismissal in respect of the termination of the original contract.

Maybe entering into a discussion about a 3 month either way notice period may allow for a compromise particularly if you can raise the factor that (dependent on your seniority etc) you feel six months is not appropriate.

[Brianp123]

If your contract contains a variation clause which entitles your employer to extend the notice period, then they have the contractual right to amend the contract in that regard. Having said that, the right to vary the contract must be exercised reasonably – i.e. the variation itself must be reasonable and that you have been given a reasonable period of time to consider it. Extending your notice period from one month to six unless you are in a very senior/specialist position is unlikely to be considered acceptable in my view.

In the absence of a variation clause, the employer does not have the right to vary your contract without seeking your agreement. If you did not agree to the variation and they just decided to impose it then that is likely to be a breach of contract.

Alternatively, the employer could give you notice to terminate the existing contract and at the same time offer you a new contract containing the new notice period. This option also carries risks, in that there may be a potential claim for unfair dismissal in respect of the termination of the original contract.

Maybe entering into a discussion about a 3 month either way notice period may allow for a compromise particularly if you can raise the factor that (dependent on your seniority etc) you feel six months is not appropriate.

Many thanks.

I was actually thinking the same 3 months each as a compromise.

I think that it is completely unfair, however if I just don't sign I can see difficult times ahead (from experience, my boss will start giving me additional work with impossible deadlines etc.).