Acting up and notice period

Elspeth

I've been 'acting up' for the last year and a half; started out as maternity cover, then the person I was covering for left at the end of her ML and for various reasons they've still not appointed someone to the role so I've been covering, for an extra responsibility allowance. My permanent role has been kept open - covered by temps.

I am now in the running for a new job somewhere else so need to know what notice period I'm on.

The notice period for my permanent job is one month. However, the notice period for the job I'm currently doing (with no contact, just a verbal agreement, followed by a letter that I'll act up and recieve more money per month as a result) is 3 months (or was when last they had someone doing it permanently).

If I ask my boss I'm sure she'll say 3 months, as in the past she's tried to force agency temps being paid by the hour to work a month's notice when everyone (including the agency) was saying she couldn't. I can't ask our HR people for advice as my manager is very sensitive and has in the past given us a telling off for 'going behind her back' and 'undermining' her by talking to HR.

So does anyone know where I stand? I don't want to be awkward with my current employer but know it often matters to new employers how quickly you can start.

If there's never been any discussion of the terms of contract can I be deemed to have accepted changes by accepting the extra responsibility allowance?

Update: had an conversion with a friend (former barrister) and he reckons I'm on a month's notice as I've not been formally appointed to the job with 3 month's notice - in case that helps anyone else!