Yes, I know I should be asking in the proper place but I'd like the opinion from anyone in the know here as well.

I've just handed my resignation in.
Now my contract says (and I have this on paper), 4 weeks notice period.
HR are now saying it's three months. It also says three months on the appropriate intranet page.

Which one will win?
And if they stand their ground, who are the best people to approach about getting it resolved? Are there free employment law experts out there who can add weight to the proceedings?

I'm not in any union.

Written contract IMO. Very hard to enforce anyway.

Free experts? go to your local CAB / Advice shop / law centre or consult your union

as per contract challenege themn …ultimately they cant really win as why employe someone who is leaving and will just throw sickies do a cr@p job etc they should let you go at 4 weeks IMHO. Threaten 4 weeks then one hour per week for next 8 weeks and leaving due to stress asfter the hour!!
Contract you signed will be the decider IMHO
It is possible they exteneded the notice period since you signed and let you know formaly – did they?
near impossibel to make you work 3 mths and pointless if you protest..we let poeple walk despite it saying 3 mths on theirs.

IIRC government is 3 months unless your moving within the same body then it's 4 weeks. 😐

However, your contract says otherwise which makes it a tricky one, I'd offer a compromise if you can.

Correct, written contract is the only thing any tribunal will consider, regardless of any company policy. Different individuals will have individual contractual conditions and they should all be in a written contract. Very hard to enforce for the company but no one wants to burn all their bridges.

Now my contract says (and I have this on paper), 4 weeks notice period.
HR are now saying it's three months. It also says three months on the appropriate intranet page.

1. Check in your agreement for an "entire agreement" clause. This will say something like "This Agreement contains the whole agreement between the parties and supersedes all previous understandings…". This means that nothing else outside the agreement is deemed to be included within it.

2. Have there been any communications to you from your employer that they wish to amend your notice period? If not, they don't have a leg to stand on. If there have, what have you agreed to.

I suggest you go back pretty firmly and point out that it says 4 weeks in your agreement, and [ASSUMING YOU HAVEN'T AGREED TO AMEND IT] any attempt by them to unilaterally change the terms of your employment on this basis may be considered by you to be a repudiatory breach of contract allowing you to walk away right now with full pay for the 4 weeks notice period.

How often do you get paid ? If it's monthly you are fine, if 3 monthly (unlikely) you are in trouble.

Just have to time it properly and make sure your last day is pay day ! (or perhaps the day after, to be sure)

and then wee in their shoes just to be sure they got the message

OK ta. As Drac says, I think this 3 month policy has been in place for a long time but it's possible they messed up my contract, dunno. It definately says 4 weeks on the paper though. My manager is *saying* he is on my side too although it's obviously not in his favour to support me in this one.

I could start swinging the lead if they want to be awkward but I'd rather not burn any bridges here just yet, especially since it is the government, they might call in black ops. Lets hope we can reach an amicable agreement. I would have thought under the current financial environment they'd be glad to see the back of me as quickly as possible.

I thought you were all settled in the job ?

The mileage pissing you off ?

Yep, definately no discussions about amending my contract. Your last point is interesting though (ourmaninthenorth). Again, that might be deemed an aggressive bridge burning stance but it's worth knowing. thanks.

Just waiting for my manager to let me know if HR have accepted my rejection of their 3 month proposal.

He's just let me know that they're also arguing the holiday entitlement stance. I've only been here five months so they're saying they owe me no holidays, I've only taken one day off in that five months so I reckon I'm owed at least 9 days.

EA clauses – only relevant to communications prior to formation of contract Shirley?

In any event, if there have been no discussions re notice post contract then it should be 4 weeks.

Yep lowey. The travel is a total ballache, the work is boring and there's not enough of it. Nothing I say makes any difference anyway as the suppliers have got the department by the balls, no-one wants to change anything, everything takes too long to happen and costs too much, meetings-meetings-meetings, everyone agrees but nothing ever gets done. It's insanely frustrating.

New job is a lovely 15 mile offroad commute from home, *seriously* better money, promises to be interesting, gets me back in a position of getting my hands dirty about with lots of cool security technology without the pain of operational support, I'll be in charge of my own area and I'll be home every night and the work looks safe for at least 5 years, probably longer.
No brainer really.

You start accruing holiday as soon as you start work

Holiday entitlements: the basics

Pretty worrying if they can't get something as basic as that right.

I think you need to seek some help if they're this bad or really that clueless. Then again there's something I've raised at work the HR had said was ok but clearly isn't so my boss has asked that the subject be ceased with immediate effect.

Sorry to hijack – but as always STW comes up with the goods… That holiday entitlement – just followed link from ebygom – that came in in April 2009 for 28 days if you work 5days/week – does that include or exclude bank hols? Sorry if I'm being thick on this one.

ps .. nice one Samuri on the new job – I recall you posting about public sector the other day.. sounds like a good move.

EA clauses – only relevant to communications prior to formation of contract Shirley?

Ordinarily, but who knows how this agt is constructed. Also, it goes a long way to enshrining the parol evidence rule.

Samuri – not suggesting that you go that far. However, on the basis that there has been no specific agreement to amend your terms, then you're on solid ground.

If HR are difficult, ask them the legal basis of their assertion.

Oh, and good luck with the new job. I've recently started a new job (17 miles each way commute – on road) and I love it. Life's too short for it to be sh*t.

Art more Here basically your not entitled to them.

Ok so continuing in my thick vein…. Holiday entitlement if you work a 5day week is 5.6 weeks or 28 days (as of April 2009) plus there are 8 bank holidays which you may/ or may not be entitled to take as paid leave (depending on your employer). But assuming you are entitled to the 8 b hol days as paid – is that in addition to the 28 days or does the 28 days include those days … or am I just getting into a wee pickle here…. 😕

Is it a contract of empoyment or are you on a self-employed contract?

If you are an employee, aren't you still on a probation period with (usually) one weeks notice either way? Also, you must be entitled to holidays accrued either by time off or pay in lieu.

More importantly, are you going to be able to squeeze in a ride at Thrunton before you finish ?

What happens if you don't care about burning bridges? Can you just slack until they sack you?

28 days includes BH – and you only accrue BH as they occur -( unless they are incorporated into AL in your contract. so 5 months is 5/12 x 20 AL days plus whatever BH accrued in that 5 months.

ring ACAS for advice. they have been very helpful for me. http://www.acas.gov.uk

ourmaninthenorth – Member

EA clauses – only relevant to communications prior to formation of contract Shirley?

Ordinarily, but who knows how this agt is constructed. Also, it goes a long way to enshrining the parol evidence rule.

I have no idea what a parol evidence rule is, seems to me that parties can't bind themselves to not change an agreement in the future.

Righty ho TJ, ta muchly – that's what I thought, but then I imagined some magical stardust effect I had been missing might have increased my leave allowance…. of course the only way that would have happened would have been staying in the civil service as by now I'd have 30 days + 8 days Bhols + those ridiculous 'privilege' days for cycling activity. Hum tee tum.. 😉

I have no idea what a parol evidence rule is, seems to me that parties can't bind themselves to not change an agreement in the future.

Er, Al, you a Scotch lawyer? It's a(n Enlgish) common law rule going back to way back when.

they wouldn't ever try to make you work your notice as this would be tantamount to enforced labour. no court in the land would make you work your notice either. you can take your holidays in lieu of notice and also overtime accrued too. if it says 4 weeks in you contract then 4 weeks is all that's required of you to give! I wouldn't try and compromise by offering more notice time and if they have any problems with it get them to read the contract that they wrote!

Och aye, Scotch Law the noo ken.