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taratill
taratill, Solicitor
Category: Employment Law
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Experience:  15 years experience of advising on employment law matters
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I have a contract that was signed, the employer has a newer

Resolved Question:

I have a contract that was signed, the employer has a newer unsigned contract, Which would be upheld?
The reason as old Contract has one week notice and new contract has 4 weeks.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Are you hoping to only have to work one weeks notice?

Customer:

Yes I am looking to only have to work the pne week as I am concerned of it being uncomfortable.

taratill :

Ok thanks, ***** ***** the reason the new contract is unsigned?

Customer:

my old contract had an error but we never corrected the postcode error and letter date error. but the contract was signed on the start date. the contracts were made under the previous owners

taratill :

Ok, well you have a strong argument that the notice under the signed contract is the notice that is applicable to you rather than the 4 weeks under the new contract. In any event , even if it could be deemed that you have accepted the new terms (whilst unsigned) and you are contractually required to work 4 weeks there is, in reality, little the employer can do in the event that you leave after 1 week. Whilst technically this could be deemed a breach of contract you they can only recover losses under the contract and, as you are not entitled to pay for a period you do not work, the employer is unlikely to suffer any loss so could take no action.

taratill :

It is very common that people decide not to work notice.

taratill :

I would suggest that you tell them that you believe that you are only obliged to give one weeks notice.

taratill :

If you have any further questions about this please do ask.

Customer:

Thank you very much, I will discuss it with them today!

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
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