Two differing Notice periods, which is right??

Gish

OK,
I have contract of employment that states my notice period is 1 month. However, when I applied for and gained promotion last year I was required to complete a form detailing my evidence for the request. This has a small section that says “Notice period increased to three months : Yes”. I had signed this form at the time to gain promotion however nothing has been added to my contract of employment to vary my notice period. Now that I have found another job my employer is loading more and more work on me and making my job increasingly hard, I now want to reduce my notice from 3 months to 2 months (having already worked one month of my notice). Can I do this? Or does the Promotion request act as an alteration to my contract of employment?

Cheers

Andy_L

You have agreed to a change in your contract. You can ask your employer to release you early and they might say yes or they might not. Neither you nor your employer can unilaterally change your contract

You could just leave and attempt a constructive dismissial case due to them "loading more and more work on me and making my job increasingly hard" but is it worth the hassle?

Gish

So this other document does act as an ammendment to my contract even though it doesn't say so and my actual contract hasn't been ammended?
Worst case if I say I'm leaving in a further month, they do not accept this but I leave after pay day, what could they do to me?

Emmzi

In theory hold you in breach of contract and recover monies lost by eg having to employ an expensive temp for the extra 2 months while your position is filled.

In practice little, but it may affect quality of future refernces.

cazziebo

Gish wrote: »

So this other document does act as an ammendment to my contract even though it doesn't say so and my actual contract hasn't been ammended?
Worst case if I say I'm leaving in a further month, they do not accept this but I leave after pay day, what could they do to me?

It all really forms part of the "Employment contract". Nothing to stop you leaving after payday, they would be highly unlikely to pursue, but they could give a bad reference.