Contract

jadie111111

Please can anyone advise me if my employment contract is valid I signed it when I started my current job 11years ago my job title has since changed my rate of pay And my hours has also changed but Iv never had a new contract. Is this contract  still valid as I have handed in my notice whilst on furloughed leave and this current contract says I need to work 11 weeks notice which they are asking me to go back into work for which feels unfair. 

Brynsam

Without seeing the contract, it's impossible to be certain - but very few employees would get a new contract simply because pay, hours or job title have changed.

Why is it unfair for your employer to expect you to honour your contract? Wouldn't you expect them to stick to their side of the bargain? Or is the issue that you resigned while on furlough and they are asking you to work 11 weeks after you return to work?

Diamandis

How is it unfair? You agreed to the notice period when you started and they paid you for eleven years. Of course its still valid. If you didn't want to give 11 weeks notice the time to discuss that was when you started. 

steampowered

The contract will still be valid. Over time some things in the contract will have changed (e.g. your job title), but the notice period would stay the same unless agreed otherwise.

Seems a bit strange by the employer though. Most employers do not want to keep people around who don't want to be there as people are not going to put the effort in during their notice period. Especially if they've just been furloughing people.

If you were to just up sticks and leave before the 11 weeks are up, there is not much the employer can do to stop you, but you might not get a reference.

jadie111111

Thank you for your comments 
I was on mat leave and due to return to work in July my employer contacted me to ask if I would be ok being furloughed but no other member of staff was. I agreed to this and now due to childcare issues Iv Decided not to return to work So I have handed in my notice and they have given me the option of being furloughed until the end of the month and not benefiting from any of my holiday entitlement that I have accrued whilst on mat leave and furlough leave or I can work my 11 week notice and or use the holiday I have to cover some of this. I can’t help but feel the first option is wrong! 

oh_really

Did the original contract stipulate a notice period of 11 weeks or was it 1 week per year of service and have you been aware of this term?

jadie111111

It’s a week for every year I have only ever known anyone do 4 weeks notice there that’s why I was shocked to be told it’s 11 weeks but reading my contract it is correct however to go back for 11 weeks after 15 months off seems silly as it is a dental practice I will need re training with the new COVID-19 protocols and refreshing on everything for a matter of weeks.

Xbigman

They can't just give you a month's furlough and not give you holiday pay. It looks like they are trying to get you to go at minimal cost. As they are insisting on your contractual notice of 11 weeks you legally need to work this. The fact that others were let go with four weeks notice is irrelevant. It's what your contract states and what you are being asked to do that counts. 
My advice is to revise your notice to 11 weeks and ask them about your retraining. Once they realise it will cost them money to force you to work your notice they might be more reasonable.

Darren

Undervalued

jadie111111 said:

It’s a week for every year I have only ever known anyone do 4 weeks notice there that’s why I was shocked to be told it’s 11 weeks but reading my contract it is correct however to go back for 11 weeks after 15 months off seems silly as it is a dental practice I will need re training with the new COVID-19 protocols and refreshing on everything for a matter of weeks.

That is their problem, not yours!

However, you agreed to a contract requiring this amount of notice, that was your choice. If you fail to work your notice, without their agreement, they could make a claim against you for any unavoidable additional costs they incur as a result. For example, it may cost more than your wages to find a suitably qualified temp at short notice so you could be liable for the difference. Such claims are not all that common but they can and do happen.

getmore4less

They have made an offer for a mutual early termination you could counter offer

How much holiday do you have, if you did not use any before maternity it could be around 6.5+ weeks worth.

jadie111111

Iv asked them to tell me exactly how much holiday I am owed I’m guessing around 20 days. What would you suggest is a reasonable counter offer? They also didn’t want to put any of it down in writing which rang alarm bells for me! I can’t really do the 11 weeks notice as my reason for not returning to work is due to child care but by taking the furlough I feel I’m missing out on a lot of days paid holiday