[Archived] Legal advice - contracts and notice periods

[LeChuck]

I wonder if anyone can help me with a sticky situation that I've got myself into.

A couple of weeks ago I verbally accepted a promotion to my manager which would change my notice period from one month to two months. I was given a new contract/job description to sign last week but haven't done so yet. Yesterday I was offered something far better so handed in my notice at one month as I hadn't signed the updated contract/job description. However they're telling me that as I've had it over a week to sign and verbally agreed that they're going to hold me to two months.

Can they do this? I'm literally in the middle of dealing with this now so any quick answers would be good! Google is being unhelpful as I can't find any situations the same as mine.

[broadsword]

And they expect you to be motivated for that second month of notice, do they?

I'd go straight to CAB.

But i don't think they have a leg to stand on, and I'd walk after a month. I doubt they'd do anything given that it doesn't sound like the job is that great.

[den]

Citizens advice bureau, like Bryan said. Ring 'em. I've used them on a number of occasions and they are excellent.

[LeChuck]

Cheers guy I'll do that. I did just try actually but couldn't get through.

Bryan - despite the crappy situation (not pleased with myself for reversing on my word) I'm trying to do it is a pleasantly as possible, so I've stopped short of saying "do you think I'll do much in that second month?". I'm amazed that they'll expect anything though!

[broadsword]

Do the letters "C", "R" and "O" ring any bells in this case?

If so, it's the type of company that'll try anything one to extract the maximum from its staff, regardless of whether the ethics are dubious or not.

Don't beat yourself up, these things happen.

Can you get start date at new place put back? Maybe come to an agreement with your current place to work 6 weeks' notice, then just totally doss the last two weeks. What they gonna do, fire you??!

keaners.

[Willie Eckerslike]

My wife has a senior HR role in her company and qualifications in employment law, so I asked her when she got home tonight

She reckons that, even though you haven't signed the contract, your verbal agreement is binding - even more so if you have started doing any part of the new role.

However, she also said that the only redress that your current employer has is to take you to court for breach of contract which is extremely unlikely and quite time- consuming.

[Sparky Marky]

I wonder if anyone can help me with a sticky situation that I've got myself into.

A couple of weeks ago I verbally accepted a promotion to my manager which would change my notice period from one month to two months. I was given a new contract/job description to sign last week but haven't done so yet. Yesterday I was offered something far better so handed in my notice at one month as I hadn't signed the updated contract/job description. However they're telling me that as I've had it over a week to sign and verbally agreed that they're going to hold me to two months.

Can they do this? I'm literally in the middle of dealing with this now so any quick answers would be good! Google is being unhelpful as I can't find any situations the same as mine.

If your new employer really wanted you, they will have no problem waiting a further 4 weeks, call your current employers bluff and I bet they out you on gardening leave for the remainder of your notice, you get a month off and a nice new job to walk into, and you haven't burned any bridges.

[Baz]

I wonder if anyone can help me with a sticky situation that I've got myself into.

A couple of weeks ago I verbally accepted a promotion to my manager which would change my notice period from one month to two months. I was given a new contract/job description to sign last week but haven't done so yet. Yesterday I was offered something far better so handed in my notice at one month as I hadn't signed the updated contract/job description. However they're telling me that as I've had it over a week to sign and verbally agreed that they're going to hold me to two months.

Can they do this? I'm literally in the middle of dealing with this now so any quick answers would be good! Google is being unhelpful as I can't find any situations the same as mine.

If you havent started the new role at current employers, plus havent signed anything, then they have nothing to tie you to 2 months. If you have started despite not signing, then yes they can say you have accepted the terms ( though they'd have major difficulty enforcing it)

[LeChuck]

Do the letters "C", "R" and "O" ring any bells in this case?

If so, it's the type of company that'll try anything one to extract the maximum from its staff, regardless of whether the ethics are dubious or not.

Don't beat yourself up, these things happen.

Can you get start date at new place put back? Maybe come to an agreement with your current place to work 6 weeks' notice, then just totally doss the last two weeks. What they gonna do, fire you??!

keaners.

Not beating myself up as such but I was trying to leave on the best terms possible, I was just given an opportunity that too good to turn down. I'm surprised at how they've reacted given how long I've been here and work I've done in that time! I will see if I can suggest a compromise on the notice, that's a good idea. And yes, those letters do ring a bell.

My wife has a senior HR role in her company and qualifications in employment law, so I asked her when she got home tonight

She reckons that, even though you haven't signed the contract, your verbal agreement is binding - even more so if you have started doing any part of the new role.

However, she also said that the only redress that your current employer has is to take you to court for breach of contract which is extremely unlikely and quite time- consuming.

Really appreciate you taking the time to do that, thanks very much. Obviously not quite the answer I was hoping for but it does give me a much clearer idea of where I am.

If your new employer really wanted you, they will have no problem waiting a further 4 weeks, call your current employers bluff and I bet they out you on gardening leave for the remainder of your notice, you get a month off and a nice new job to walk into, and you haven't burned any bridges.

The issue is that it's contracting work and I agreed to it thinking I had a one month notice. They're trying to get people in as quickly as possible and have turned down people with two months notice apparently. They are going to come back with a definite answer on moving the date but I'm not hopeful.

If you havent started the new role at current employers, plus havent signed anything, then they have nothing to tie you to 2 months. If you have started despite not signing, then yes they can say you have accepted the terms ( though they'd have major difficulty enforcing it)

It's a tricky one. I was already doing the responsibilities of the new role (and had been for well over a year) so literally not a single thing has changed in terms of my daily work, who I report to etc. So on the one hand nothing has changed at all since I verbally accepted, on the other they could easily prove I've been doing the duties of that role...but only because that's what I was doing already.

Appreciate all the comments by the way, I was totally blind going into all this yesterday.

[broadsword]

If it was me, then I'd just sort out the latest date the new job would let me start. Then I'd walk out of present job the day before.

They might chase you for some money, but somehow I doubt it, it's not worth it.

And if they start being difficult, I'd be difficult back and you may even get put on gardening leave. Has happened to me before, great stuff. The employer's concern was obviously that a) I wouldn't do a scrap of work anyway and b.) I could end up doing something rather nasty like obliterating the project drives out of sheer spite.

And start turning up late for work and taking massive long boozy lunch breaks!

[LeChuck]

Cheers Bryan, sounds like the best advice I've been given yet. There's a pub just round the corner that opens at 12.

[dave birch]

Always try to leave on good terms.

Always be able to say that you were liked at your last or previous employers.

Any bad reports could come back to bite you on your rear in the years to come.