Notice periods

[GladysEdie]

Hi, newbie here and wondered if anyone could offer some advice on notice periods.

Previous to my current role I was working within the same organisation in a 2 year fixed term post. This ended and I applied and accepted another fixed term post within the same organisation for up to 15 months, currently 11 months in. The post is likely to be extended however I have found the perfect job and have been successful on application.

I’ve not handed in my notice yet but obviously attempted to find my contract with the notice period. I have no full contract issued as it was a transfer to another post within the organisation and they only issue a terms letter with line manager, hours, salary and notice period. I will admit although I did look at this I did not notice the error when it comes to the notice period. It’s a generic letter and was supposed to have the notice period edited before it was sent to me but it has been left with 4/8/12 weeks on. I called HR to confirm this and I was told this should have been edited and that my notice period would be 4 weeks verbally.

I have since then tried to get this in writing but was referred to the company intranet terms and conditions which I cannot locate. I have asked for further guidance on where this document is. I believe I have located a copy on this document on the Internet and it states that local policies apply with no notice periods stipulated.

So my question would be where would I legally stand with handing in 4 weeks notice? Is there a chance my employer could refuse this? Although it is a contract for 15 months there appear to be no terms that state I cannot break the contract with proper notice. I’m worried if I have to work longer than the four weeks I could lose out on this new employment opportunity.

Any input or advice gratefully received.

Thank you.

[EnglandPi]

Generally fixed term employment contracts are not binding on either party but without seeing your contract it's impossible to give a definitive answer.

[GladysEdie]

Thank you for your reply, I have read the organisational documentation on fixed term contracts and believe I can break the contract legally.

The part that is currently concerning me is the fact the notice period is not stipulated clearly in my statement of terms due to some form of error on HRs part, as this shows three different notice periods and should have been edited to show one. I have never received a typical full contract only a statement of terms. I was concerned that if I hand in 4 weeks notice my employer may say that I am required to work a longer notice period as I have no written proof of a 4 week notice period, if that makes any sense.

[ULA]

I would state in your notice that, given the error in the notice period not being determined in your statement of terms, you sought advice from the HR department on xxx date and having spoken to xxxx they confirmed verbally you are required to provide 4 weeks notice. Therefore, in accordance with that verbal confirmation you hereby provide 4 week notice to leave on xxx.