Can my employer enforce notice period even though I haven't signed a contract?

[Player85930]

Last year, I went through a TUPE process at work. My old contract and post were deleted and my employer moved me onto a new contract. Although I was sent a letter stating this was going to happen, they never showed me a copy of the new T&C's and so I never got to sign.
At the time it happened I emailed HR asking if I needed to sign anything, never got a response. Ive checked back through emails and paper files, so far as I can tell they never sent me anything. Everything else kept on as before so, I barely noticed.

With any luck I may within a few weeks be offered a new job and handing in notice. I'm not sure what to do about the notice period since they never told me what it was with the new contract. Most likely it's 3 months, same as the old one, which could be a problem for a new employer.So my questions are 1) can they hold me to the notice in the contract, even though I ve never seen it and 2) what happens if I leave and they claim I haven't served my full notice? Can they take me to court or refuse to provide a reference?

My thinking is to explain this to my manager when I tell him and offer to work a 1 month notice.. I don't want to burn bridges if I can help it, but if another company offers me a job and needs me to start soon as I don't want to be stuck for 3 months.

Thanks for any advice, if anyones seen a similar situation.

[ULA]

If you have never seen a new contract of employment stating the notice period then the only contract you have to fall back on is the original one, which provides for 3 months notice. I would suggest that in the event you are offered a new position then you need to speak to your manager in regard to the fact you have not been provided with a new contract and you need to understand what your contractual notice period is now, given your previous contract has been replaced.


If you give less than your contractual notice then this would potentially put you in breach of contract, unless you have your employer's consent. Your employer may be minded to sue you for financial loss based on for example, your employer incurring a higher cost of replacement staff for the balance of your notice period. However, the most likely consequence of you giving less than your full contractual notice, is that your employer may refuse to provide a referenceshould you need one in the future.

I would therefore strongly suggest that you reach some compromise if your new employer is not prepared to wait for 3 months.