Ok I need some advice from those in the know please.

I started my current job in April 2015 – the original contract I signed specified 1 month’s notice.

In March 2016 I was told I would be promoted, but wouldn’t receive a pay rise (great deal right!?). The only additional benefit was 3 extra days holiday.

HR are saying they gave me a letter at the time that may may have been emailed (I don’t recall). The letter which they have given me again today says the following:

Further to your conversation with xxx, we are pleased to confirm your promotion with effect from 6th June 2016.
In line with your promotion your holiday entitlement will increase to 23 days per annum,
Your notice period will increase to 3 months to be given by either party to the other.

Ok… so I’ve been offered a new job and based on my old contract told the new employer I was on a month. They want me to start second week of January.

My current employer has said they can look at what they can do, but if there’s nothing that they’re willing or able to do to help me out, do I have any comeback? I’m scared I’m going to annoy a new employer before I’ve even started there :/

Surely constitutes a new contract which you would have to sign ?
Did you ?

You don’t have to sign a new contract. If it’s given to you and you continue to work then it’s legally assumed you are happy to abide by it.

Ok ..my mistake ..I have been working on my own for too long 😕

The legal position is that you are obliged to work out your contractual notice period if your employer wants you to.
You have done the right thing by seeking to negotiate an earlier release. However, if your employer does not want to agree to this then you have a choice: you can comply with your employer’s wishes and work the 3-month notice period in full or you can break the contract by leaving earlier.
If you choose to leave early, an employer is entitled to stop your pay and benefits but they cannot force you to stay and carry out your work.
They could seek another legal remedy against you including a) compensation for breach of contract against you, claiming any financial loss they say arises as a result of your early departure or b) applying for a Court order to stop you working somewhere else, if your new employer is a competitor, for example.
It is relatively rare for an employer to take legal action against an employee who leaves early in breach of their contractual notice period, but it really depends on all the circumstances.
If your departure will cause the employer financial loss or you are leaving to go to a competitor, they are more likely to take action against you.

The above is off an employment law forum so Basically if they sent you the letter yes, but its negotiable.

Essentially, you’ll be in breach of contract by leaving early. If your current employer can prove a financial loss they could come after you for it if they can be bothered.

I would do all you can to get your current employer to release you early, and perhaps speak to new employer about starting a bit later.

Any unused holiday?

(Edit: /\ wot e said /\ )

It comes down to whether your new t&cs were properly communicated to you back in June. Not sure what status an email would have, but I would expect a significant change to your detriment (notice period) would need to be communicated in writing. Can HR produce any evidence of either a letter or this email?

HR can argue that their communication was adequate and you have given implied consent to the change in terms by accepting the promotion and continuing to work there.

My advice would be to play nice for now, and see if you can get the notice period reduced.

Just walk, they are hardly going to sue you.

I’d also say that unless you are in a particularly vital and senior position then 3 months notice is taking the piss. I’ve certainly never had to give more than a month.

They cannot withhold your wages if you walk early.

If you never signed that letter / change of contract then you can clearly claim it was never sent to you thus the terms of increased notice do not apply.

I would just give a months notice and go.

Surely they have to prove that letter go to you…. Which is why you’d normally expect it to be signed.

Perhaps it was lost in the mail….

Their argument is you continued to work there so you accepted but that is twaddle because you don’t stop coming to work just because you don’t get an updated contract because your job changed.

If they produce an email they sent you with it in then your boned. But as it is they could have produce a letter today that says 6months notice and say they sent it to you….

Legally, i doubt assumptions would ever hold up.

If they can’t prove they ever sent it to you, then just tell them you have 1 months notice and that’s the last signed contract you have.

All depends if you want to burn bridges or not? Sometimes it’s good to, sometimes it’s not advisable to do so.

Tell em to shove the **** job where the sun doesn’t shine

They cannot withhold your wages if you walk early.

of course they can – if they leave after 1 month the employer wont pay him for three

As noted technically they can sue reality is they almost certainly wont – you could argue you did not know accept they can argue you were told and worked on etc

Better to discuss it with them and the new employer and say aim for late Jan and take holidays ?

If i really wanted the new job I would leave anyway and take/accept the risk

The biggest concern I would have would be HR types checking stories on LinkedIn in the future. Getting one over on them is going to be remembered. Depends if LinkedIn is important in your line of work.

I had the same scenario a few years back, 3 months notice (which I knew about) but new job wanted me asap.

Said to my old employer – I will be leaving at week 6, I left at week 6

Yes I could have been taken to court but the employer would have had to have had good grounds to prove that me leaving (it was a large insurance company – small cog in a big wheel) would have made them lose money which I knew was impossible for them to do.

They didn’t like it, but I left and haven’t had any problems since – moved employers several times.

Go for it.

I’d also say that unless you are in a particularly vital and senior position then 3 months notice is taking the piss.

This. And if you’re not in a vital and senior position then you’re into the realms of unfair contract terms which aren’t legally enforceable (otherwise you could be on a contract with three years’ notice).

They’d have to be pretty spiteful to come after you for it. Unless you’re the CEO or something, it’s not going to be worth their hassle.

They cannot withhold your wages if you walk early.

of course they can – if they leave after 1 month the employer wont pay him for three[/quote]That’s not really withholding, thats just not paying you for work you haven’t done. Withholding would be if you worked a months notice and left and they didn’t pay you for that month because you never done full three months notice.

Write them a letter stating you are aware that they dispute your notice period, you disagree and are giving one months notice but you are happy to facilitate a smooth handover of your duties during that time.

Write them a letter stating you are aware that they dispute your notice period but you are giving one months notice and are happy to facilitate a smooth handover of your duties during that time.

‘s what I’d do I reckon.

+1 to ^.

Don’t give them an option, tell them you are going in a month…

Essentially, you’ll be in breach of contract by leaving early

But that’s a contract you have ‘breached’ already by giving notice to leave.
Slavery is illegal, worst you’ll do is burn a bridge or two, but then you want to leave anyway.

Junkyard – lazarus

They cannot withhold your wages if you walk early.

of course they can – if they leave after 1 month the employer wont pay him for three[/quote]

I thought “earned” would be implicit. What you suggest is not withholding wages anyway. Its only witholding wages if its for time you have actually spent there.

Emplyers do try this on – but its illegal to do so

I thought the normal thing to do in this situation was to pull a sickie?

Did you take the extra three days’ holiday?

I asked this question once to a employment lawyer. She said you could take them to court but by definition if they are in an extended notice period job they will be in an important role. Do you really want to keep a important person in a job that they don’t want to do and are looking to leave!!

I’d say to them that I have no record of the three month period. And that you will be leaving your current post on xxxx date. You’ll do all you can to endure a smooth hand over etc etc.

In the end your leaving, you’ll burn a bridge but hey ho!!

Some shite posted up there.

I’ve never been in less than 3 months and longest was six.

In reality, you have to be nice to all concerned – learn to play the game and don’t behave like a I know my rights knobber.

Withholding would be if you worked a months notice and left and they didn’t pay you for that month because you never done full three months notice.

the clarification point was most helpfu

But that’s a contract you have ‘breached’ already by giving notice to leave.

The contract allows you to leave ;it has not been breached a clause has been exercised

Probably best to just burn the old work building down ASAP.. the evidence will be destroyed and there won’t be a workplace even if they wanted you. It’s a win win.

Some shite posted up there.

Not as much as you’re posting.

I’ve never been in less than 3 months and longest was six.

Ooooh aren’t we important.

My notice periods
Sales assistant – 2 weeks
Operations manger – 2 weeks
Civil servant – 1 week

In reality, you have to be nice to all concerned

No you have to abide by your contract. If they never sent a 3 month one then they have no right to demand it. Especially if it’s completely unnecessary for the type of role you did.

– learn to play the game and don’t behave like a I know my rights knobber.

It isn’t a game, it’s a workplace. You abide by the rules, they do too. It’s simple.

In my experience you get put on gardening leave for your notice, or you go sick.

If you are so valuable as an employee, then the employer will cut you a deal.

Having been the other side of essentially the same problem (we had a clear contract and everyone agreed what it said though!) where the employee wanted to leave before the notice period was up our lawyers said not much we could do! If we went legal then you’d have a disgruntled employee with access to critical systems and desparate not to be there. You’ll get less out of that person for the whole three months, than if you appear to be helpful and agree what needs done in the four weeks they are there.

That said people handing in notice at this time of year is much more of a PITA than people seem to realise. Yes it’s great that you’ll start your new job on a new year, but it’s likelt that the person your work need to be handed over to is on leave for a week or two in December so you are really giving us half the notice you think! Still, your employer should have contingency in case you are struck by a bus anyway.

Our company (large engineering employer) used to do 3 months notice as standard for both professional and technical roles (not exec). They then decided that 3 months was not enforceable for those grades and came back to 1 month. 1 month should be enough to manage a handover and is a fair mitigation of loss.

I would ask them for proof you received that letter at the time because you have not agreed to an increase in notice. We do reissue Ts&Cs as standard practice every time someone gets a promotion.

Also just notify them of your last day in the office (but don’t expect a good reference if you need it). They probably have no comeback – it does depend on your role.

Thanks for the replies all.
They (HR and MD) are currently ‘thinking about it’.

I’ve been upfront with the new employer and made them aware of the situation (not sure if that’s right, but I’d rather they know sooner than later if old place doesn’t agree).

Should they not agree to let me go, I may well resort to a tougher approach (i.e. just doing one and breaking contract). The new job means more to me than pissing off my current employer. I guess the only issue is burning those bridges and the likelihood of coming across old colleagues within what is a pretty close-knit industry.

Should they not agree to let me go, I may well resort to a tougher approach

I’d go with bringing a book in and putting your feet up.

On the other hand I just negotiated a longer notice period 🙂