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tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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Morning, I have resigned from my current job after 8 years

Resolved Question:

Morning,

I have resigned from my current job after 8 years and have accepted a new position in another company. I have a contract with my current employer dated 15th March 2010 which states the following:

Notice period to be given by the employee to the employer:
From the satisfactory completion of your probationary period - 3 months written notice to the employer.
Notice period to be given by the employer to the employee:
5 years service or more - 1 week for each complete year of service to a maximum of 12 weeks.

In March 2012 the company was acquired. I signed a contract amendment (which stated it was an amendment to a contract of employment issued 29th May 2010) which stated the following under notice period:

Notice period to be given by the employer to the employee
The company has the right to serve notice of termination at any time in accordance with a notice period of not less than 6 months.

Other amendments to your contract
There are no other amendments to your contract

My current employer is stating that I need to give 6 months notice, rather than the 3 months that I have given in writing. Is this the case?

Many thanks
Submitted: 3 years ago.
Category: Employment Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

Customer:

Great, thanks

tdlawyer :

From what you've set out in your question, it seems like the employer is referring to his notice periood. not yours.

tdlawyer :

Your notice period appears to be 3 months.

Customer:

I did ask my line manager to show me where it stated that I have to give 3 months notice and she was unable to do this. I have stated I will give 3 months notice and have given a final working date. I just wanted to check that I don't have to give 6 months notice as I don't believe I do.

tdlawyer :

What does it say you have to give in your contract?

Customer:

The contract dated 15th March 2010 says the employee has to give the employer 3 months written notice.

tdlawyer :

I think you're entitled to rely on that then!

Customer:

Great. Thanks for your help.

tdlawyer :

You're welcome. Is there anything else I can help with?

Customer:

No, it was good to get another view on this. Thanks very much.

tdlawyer :

You're welcome. Thank you.

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