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Extended Notice Period - any way out?

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  • mariefab
    mariefab Posts: 320 Forumite
    edited 19 August 2018 at 6:35PM
    First check with the union to discover whether an increase in the notice periods required to be given by employees was made as a collective agreement (or part of a collective agreement) between the union and management in the last 3-4 months.
    If the union says that such an agreement was made, ask them to direct you to the written document that communicated this change to you.

    If there was no collective agreement your notice period is still 12 weeks unless you agree to change it to 24 weeks.
    Likewise if there was a collective agreement but you were not informed of it in writing.

    A contract of employment is an agreement between an employer and an employee.
    Changes can be made by written agreement, or failing that by the employer giving written notice of the change and the date on which it will come into effect; after which the employee's conduct in continuing to work for a reasonable amount of time (months) without challenging it will taken as acceptance of the change.

    Section 1 of the Employment Rights Act 1996 set out a list of terms that must be included in a contract of employment. See 1(4)(e)

    https://www.legislation.gov.uk/ukpga/1996/18/section/1

    Section 4 of ERA1996 deals with what an employer must do to effect a lawful and valid change.

    https://www.legislation.gov.uk/ukpga/1996/18/section/4

    So, your current situation is...
    When your employer increased your notice period (3 months ago) they failed to give you a written statement of the particulars of the change (s.4(1)) no later than 1 month after the change (s.4(3)(a)). Therefore, as a matter of law, the change did not take place and your contractual notice period remains at 12 weeks.

    Your employer can only enforce the 24 week notice period, that they first gave you written notification of a few days ago, if you agree to it or if you continue to work there for months without challenging it.

    To answer your original question: you don't need a "way out" because you were never "in"!
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