Advice on required notice period greatly appreciated

[Conman84]

Good evening,

I currently commute for almost 3 hours a day but have been offered a new job only 5 minutes from home for similar pay and doing similar work (Accounts/Finance/Book-keeping etc.)
My new employer wants me to start ASAP (immediately if possible) as their current account person is leaving and they want everything handed over. I would be moving from a large company to a small one, so there are much less employees and no-one else could cover the work until I would start.
However I advised them I had (what I believed/assumed to be, my mistake!) a 30 day notice period with my current employer that I would need to see out, offering to take a few days on leave or work weekends to get up to speed with my new work, and they seem happy to accommodate this.

This morning I was advised by my current employer that my notice period is actually 3 months. I earn <£20k and while I have a lot of experience, it wouldn't take much to train someone up to cover me. There are also others in the team who could help take over my work. I think that 3 months is completely ridiculous.

Here's my query: Do I need to see through the 3 months notice (assuming I'm unable to negotiate an early release?)
There are a few points I feel are important:
When I joined the team, I actually moved from one department within the company to another. It was all very informal and everyone was quite easy going at the time. My notice up to this point was 30 days.
I was told that I was moving over to a new contract when the new role started, but I do not EVER recall receiving/signing any form of contract of employment/statement of employment etc, I do not have anything stored at home and I have also been made aware (possibly accidentally so) that the HR department also has no record of any contract in their system. I would have disputed any term requiring me to give 3 months notice.

I am aware that by turning up to the job when it is offered I basically accept a contract of employment in the eyes of the law and do not dispute that, I work and am paid for it and am happy to give and work a notice period.
My query is around implied contracts and specific terms, such as 3 months notice.
Although if I am forced to work 3 months, I know that the new employer is going to look elsewhere as they simply can't wait that long, and I'll be stuck with a company who knows I don't want to be there anymore.

If no actual contract exists with my signature, can I hand in 30 days notice (I know 1-2 weeks is all that is required by law unless contract states so, I would give 30 out of courtesy for my old colleagues) and not land myself in breach of contract etc?

Thanks for reading and I appreciate any/all advice, please ask for anything you want clarified in my ramblings above.

Thank you.

Brief update: Just spoke to new employer. Told him the situation that I am required to work 3 months leave per contract (per contract that doesn't exist), but that I can possibly be released from contract by end of July (1.5 months). There are currently 3 people doing the work, 2 of which will be leaving, leaving just one to cover everything until I would start at the end of July (less any days I could take on leave from current job to work for them). The job ad did say immediate start and this is a lot of my own fault, but at the moment if I have to work 3 months notice I'm definitely not getting the job. If I have to work 1.5 months notice, there is a good chance I won't get it either. Just a crappy situation and looking for any sort of advice!

[teaboy2]

Re: Advice on required notice period greatly appreciated

Unless you have it in writing the law states the minimum notice period is 1 week for first 2 years of employment and then 1 additional week per year worked up to 12 years. So the minimum notice period is 1-12 weeks.

Though a contract of employment may require more than 1 weeks notice or 1 week per year of employment, and 3 months notice (90 days) requirement is not uncommon, but it needs to be in writing and if you haven't been given a copy of any new contract or a written variation or terms notice when you changed departments/roles etc then the term in your original contract still applies.

Though its very unlikely the employer would take action against you should you resign with immediate effect i.e. effectively quit. Though make sure you take all your accrued holiday entitlement that you have accrued so far first, as you won't get pain any notice period. You could start work for the new employer whilst on holiday and simply post your resignation in. But its up to you and as i said, its doubtful they will pursue for breach of contract for not giving notice!