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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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there, When I joined my current employer five years ago,

Resolved Question:

Hi there,
When I joined my current employer five years ago, I was given a contract with four weeks notice on both sides. Two and a half years ago, I secured a promotion and the confirmation letter stated that there were no changes to my terms and conditions of employment (other than title change and salary).
Last month I was offered a further promotion for a fixed term of a year. The letter of confirmation, which was received after the date the promotion started, says that my notice period is now eight weeks. This was not disclosed on the job spec for the new role, nor was it discussed at the interview.
I have highlighted that my contract says four weeks and they have basically admitted that it was an error that I should have been put on eight weeks when I took up the role in 2012 and that it is a condition of this senior role because of the added responsibility, implying sign it or don't have the fixed term promotion.
Can they do that?
Look forward to hearing from you.
Lisa
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When did you notice the terms of the letter of confirmation and did you challenge it at the time?
Customer:

I received the letter last week and challenged it on the next working day when I'd checked my existing contract.

Ben Jones :

If the employer wanted to introduce a new notice period to your job then they should have done that at the time of offering you the position or shortly thereafter and given you the opportunity to consider this when making a decision on whether to accept the job. It could be that this term made the job unsuitable for you to do and you would not have taken it up had you known this term applied to you. So they cannot just rely on ‘error’ to introduce this now and the key is that you make it clear you are not happy with this term and that you do not accept it. If you were then to leave this job you can give just 4 weeks’ notice and then it would be for the employer to take the matter further if they believe it should have been 8 weeks. However, a court is unlikely to agree with them if you can show that this was introduced retrospectively and that you refused to accept it at the time you were made aware of it.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

Hi Ben,

Customer:

Thanks so much for your answer. I thought they were in the wrong but wanted to check. That really helps me know where I stand. Cheers.

Ben Jones :

you are welcome, all the best

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