Contract notice period

richje100

Hi everyone. I'm in a bit of a situation. Very unhappy in my current job and are actively seeking an alternative. I thought my notice period was 4wks like it is for many other members of staff but been informed that when I put up a grade it changed to 12wks. I have no recollection of being informed of this change only my salary and role expectations would change
Is there anything I can look at I.e. is this unrealistic and not enforceable? Benn told that if I don't work my notice in liable for any expenses they endure. I've not got a new job yet but quite close.
Thank you.

sangie595

Is it enforceable - very probably. Will they enforce it - only the employer can tell you. Will they sue you for costs - rarely happens, but again, that's up to the employer, and they can.

richje100

sangie595 wrote: »

Is it enforceable - very probably. Will they enforce it - only the employer can tell you. Will they sue you for costs - rarely happens, but again, that's up to the employer, and they can.

Thanks for the reply. Think I need to sit down with them and find out how flexible they will be.

Oakdene

richje100 wrote: »

I thought my notice period was 12wks like it is for many other members of staff but been informed that when I put up a grade it changed to 12wks.

Am I mis-reading this??

richje100

Oakdene wrote: »

Am I mis-reading this??

Thanks for the note. Ive corrected it.

Oakdene

richje100 wrote: »

Thanks for the note. Ive corrected it.

No worries, thought I was going mad!!


All you can do is sit down & talk with your manager about it really? The worst they can say is that you have to work the 12 weeks.

Undervalued

If it came to a legal dispute, they would need to convince the court, on the balance of probabilities, that you were made aware of the change. If you were then, by continuing to work, you accepted it.

That doesn't mean they had to give you a new "contract" or other formal documentation. It may be this policy is detailed in your staff handbook or similar? That would be sufficient. As too would a verbal notification although that is obviously harder for them to prove.

richje100

Thank you guys. I'll have a chat with my manager. Fingers crossed i get the jobs I'm applying for then I'll sit down with them. They're the type of firm who would make it hard for u if they knew u were looking elsewhere.

McKneff

ls tjhis 12 weeks notice actually in writing anywhere

Being told about it just isnt good enough.

richje100

McKneff wrote: »

ls tjhis 12 weeks notice actually in writing anywhere

Being told about it just isnt good enough.

All I can remember is origanlly 4weeks. (I started 15yrs ago) then about 5yrs ago I was handed a letter to congratulate me on a pay rise and being classed as a different grade and what new new duties would be. After that it's just been annual inflation pay rises again with a letter. I have no recollection of being informed of 12weeks nor can I remember signing any new contracts just the letters to accept the changes.

Undervalued

McKneff wrote: »

ls tjhis 12 weeks notice actually in writing anywhere

Being told about it just isnt good enough.

Yes it is actually! Very few things in English law have to be in writing to form a contract and this isn't one of them.

As I explained earlier, obviously a verbal contract can be harder to "prove" but remember we are not talking about "proved beyond reasonable doubt" only "on the balance of probabilities" (i.e 51%).