Not Working Full Notice Period and possible issues

[EmiT]

Last month, my employer agreed to take on a new assistant manager for my department, to assist me in my crazy busy work load, but before doing so, asked me to sign an amendment to my contract from 1 month notice to 3 months notice, showing him commitment that i would not just leave soon after they take on someone new and also commitment from them that my job is safe with 3 months notice too.

I signed the amendment on this verbal agreement, but refused to sign the non compete arrangement they also asked me to sign.

2 weeks later, i am now told that i am not getting the assistant manager and i need to make do and carry on, but things are going to get quieter, so i should be alright!!

I have had enough of not being supported in my role and now looking to leave, however, my questions are these....

1. Can i leave offering them the original 1 months notice as they have not honored the verbal agreement of the assistant manager?

2. If i do leave with just the 1 month notice and they insist i work the 3 months, what possible issues would that cause me?

Brief background on the situation;

I have been working here for just over a year and earlier this year had an assistant admin/surveyor to undertake a lot of my paperwork and quotations, this person was then gradually pulled from my department bit by bit to assist in the other parts of the business and this person was then pushed and pulled to a point where they left, leaving me with no support now for 2 months.

I am overworked, stressed and have numerous issues across my work load as i simply can not cover all the work as it is clearly a 2-3 man job compared to other organisations, which i have highlighted to my employer on several occasions, but still nothing but false promises and lack of support.

in truth I am not typically one for backing away from the challenge, however I generally feel there is way too much stacked against me here and to say i am struggling, which is an understatement and i have even resorted to speaking with my GP about my mental health and now have medication to assist my general depression,

I need to get out of here and have an opportunity arising elsewhere but do not want to be held back by the 3 month notice period as this may put off other employers!

looking forward to any advice and assistance, thank you!

[echat11]

Hi EMIT

You could raise a grievance informally, stating that your employer stated that you would get a new assistant manager, but you had to agree to a 3 month notice instead of 1 month that your contact states. The fact that you are essentially in the same position as before, you want to cancel the agreed 3 month notice period, reinstate the 1 month notice period with immediate effect. See how that goes, if you get any nonsense from your employer, start the Formal Grievance process, do everything in writing.

ULA Could you please take a look.

[ULA]

Hi EmiT and tag echat11

Unfortunately you have signed the amendment albeit because of a verbal agreement that an assistant manager would be put in place, however this was not an agreement that was then confirmed in writing so weakens your case.

1. You could try and leave offering the one month's notice arguing that you only signed the amendment to increase your notice period on the understanding that an assistant manager would be put in place, which has not happened.

2. If they insist that as you signed the amendment you are contractually obliged to give 3 months notice and you leave after a month then your employer could sue for damages in a civil court (i.e. for the cost of supplying cover to do your work or for the value of lost business). In reality, this does not happen very often, as it may be very hard for the employer to point to any financial loss as a result of your early departure. However, your failure to work your full notice could legitimately be mentioned in any reference you request from your ex-employer. In addition you would only be paid for the part of your notice that you actually worked together with any accrued but untaken holiday up to the date you leave.