Ambiguous notice period

Markee

I have just been made an offer to work for another employer.

I have just noticed that my employment contract has two different notice periods, in the notice section, the first paragraph states 4 weeks notice.

in the 2nd paragraph directly below, it states 12 weeks notice.

In my offer letter it states 12 weeks notice after the probation period.

Unfortunately, this wasn’t picked up at contract checking / signing by either party.

1. Does the employment contract (signed) take precedent over the offer letter?
2. As the contract is ambiguous, which period would take precedent?

I have forewarned my new employ of the ambiguity so they are aware.

interested to hear your thoughts on where I stand?

Thanks in advance.

TELLIT01

I would expect the detail in a signed contract to take precedence.  Without more information regarding the wording around the 4 and 12 week requirements.  Providing wording out of context is not helpful.

Jillanddy

If it states 12 weeks in the contract AND in the offer letter then I think that the error is in the 4 weeks in the earlier paragraph - you clearly knew it was 12 weeks, and agreed to 12 weeks. If you wish to serve less then you need to negotiate with your current employer.

General_Grant

Is the "ambiguity" because one is about notice required from you and the other from the employer?
As TELLIT01 says, in order to comment sensibly, we would need to see the exact wording.

However, as the "contract" document has been signed by both parties but the offer letter by only them (and pre-dates the contract), the contract periods will apply.  

What does the contract say about the "probation period"?

Sandtree

As the contract is later than the offer its the one that has legal effect. 

You need to provide the exact wording for people to comment, its also worth checking the contract for any concept of a probation period as a reduced notice period in that phase could be noted there rather than with the main notice period wording. 

At the end of the day if you are a few weeks in etc, which I'm guessing you are, then its more than likely they'll be happy to get rid of you early than invest more time/money in getting you up to speed etc.

Jillanddy

I think people haven't quite noticed this but the OP has said that the contract states both 4 weeks in one paragraph, and then 12 weeks in the next one. Plus their offer letter states 12 weeks. So it isn't the case that the letter and the contract are at odds. The offer which the OP accepted said 12 weeks after probation was completed and the contract also says 12 weeks. So whilst it may be that the wording of the "4 weeks" paragraph may be unclear or confusing, it is clear that both contract and letter state that notice is 12 weeks. And the OP knew and accepted that to be the case. Whilst the wording might be enlightening, if the OP is trying to get out of their notice period, then discussion would be more productive than attempting argument if they wish to leave on good terms. Of course, if they don't care about that then it is all moot anyway - they can walk out any time they like and bet on the employer not taking any action against them for doing so, but they will also have burnt any bridges they may have wanted to keep.

Markee

Thank you for all your replies. To clarify, I’m not trying to get out of anything. I have a very good relationship with my employer, and we will be having an open, honest and transparent discussion. I was asking for advice as to where I stand so I am informed before having this discussions. 

Attached is the wording of the two paragraphs.

TheSpiddalKid

It's unlikely, but anywhere else in the contract is there any kind of contractual precedence clause? If so, does help to answer which clause may take precedence?

In the absence of this, where there are conflicting clauses its necessary to look at the contract as a whole and any other documentation, including the offer letter, to ascertain what the intent of the parties was. If it came to court and they needed to imply the correct term they would seek to look at everything as a whole, this may include the seniority of the position and relative notice period for others within similar roies in the organisation.

Jillanddy

That looks to me like someone forgot to update the template! But I'd suggest that since the offer letter said 12 weeks and so does one of the contract paragraphs then it would stand at 12 weeks. But if the relationship is good then a discussion may vary that.

ryan7

 I'd be more inclined to think that they would have to give your 3 months notice in the event of terminating your contract however you will only have to give 4wks notice if you chose to leave.

Exodi

Jillanddy said:

That looks to me like someone forgot to update the template! But I'd suggest that since the offer letter said 12 weeks and so does one of the contract paragraphs then it would stand at 12 weeks. But if the relationship is good then a discussion may vary that.

This, at the end of the day, these contracts are written by a human.

I'd wager they took their stock '4 week template' copied the clause to change it to 12 weeks, and then forgot to delete the original paragraph.