Wording of updated contract regarding notice of termination

OcarinaMC

My employer has updated everyone's contracts to increase the amount of notice that needs to be given. It was originally one month notice for all employees but the new contracts state-

'From the start of your role but less than 2 years' service - 1 month
2 years but less than 5 years' service - 2 months
5 years' service or more - 3 months'

I started working for the company as an Administrator in 2014, but changed role to Business Support Officer in February 2018. From the wording on the contract it says from the start of your role but I queried this and they are saying that it's actually from the start of employment. (It states the start date of my employment as 2014 at the top of the contract).
I'm not really happy about this new change to the notice period, as I'm currently trying to find a new job and feel that having to give 3 months' notice will be a big disadvantage. Would I be able to get out of having to do 3 months and only give 2 months notice due to it saying the start of your role on the contract, even though they are saying it's start of employment?

JCS1

Is the update the notice you have to give as an employee or the notice the company has to give if they terminate your employment?

OcarinaMC

Both, it says- NOTICE OF TERMINATION TO BE GIVEN BY EMPLOYER / EMPLOYEE

steampowered

You could just delay signing the new contract until you have found a new job.

OcarinaMC

They sent the new contracts to us on 2/9 and have been saying they needed them signed and sent back to them by 18/9. I didn't send mine in so am expecting them to chase me up for it this week. I think legally I have 90 days to sign it though? 

Xbigman

It doesn't work that way. You have to actively object to the contract changes.

As of the 18th Sept you have to give 3 months notice. You could always ask if they would take less but they don't have to. Or you could try refusing the change now, in writing, on the grounds two weeks wasn't long enough to decide and see what they say.

Darren

OcarinaMC

Oh, it's just that I read that usually the required notice period for any change is the length of the notice to terminate the contract. I thought they were just trying to get them in sooner by giving us that date.
Usually I would object but I don't know if I want to make things any more awkward at the moment. They have already been awkward with me about trying to get me to go back to the office even though I can do all of my work from home (and it is better for me without the office background noise as I have hearing loss), and live with a high risk person so have severe anxiety about working in an office with other people at the moment. I only live 15 minutes away so have offered to pop in if anything comes up that can't be done remotely, but that's not good enough for them apparently. 

Undervalued

OcarinaMC said:

They sent the new contracts to us on 2/9 and have been saying they needed them signed and sent back to them by 18/9. I didn't send mine in so am expecting them to chase me up for it this week. I think legally I have 90 days to sign it though? 

Why do you think that?
It makes little difference whether you sign or not. Unless you positively reject the change you will be deemed to have accepted it. Ultimately, if you are unwilling to accept and you and the employer cannot agree a compromise your only option is to resign and claim unfair dismissal (not constructive dismissal under these circumstances despite your resignation). It would then be for a tribunal to decide if the changes are reasonable or not. If you win you would get some compensation but the tribunal cannot force the employer to continue to employ you on the old terms.

Thrugelmir

Your employer cannot force you to work three months notice. 

[Deleted User]

Thrugelmir said:

Your employer cannot force you to work three months notice. 

...and if you don't, prepare for the possibility of not receiving a reference.

Undervalued

Thrugelmir said:

Your employer cannot force you to work three months notice. 

True. However if you fail to honour your contract they can sue you for any losses this cause them. Under some circumstances that can be significantly more than your salary. Whilst such claims are not that common they can and do happen.