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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47380
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been with my company now months. I have been

Resolved Question:

I have been with my company now for 9 months. I have been told I have a 1 month notice period. My role is being changed so I have been asked to sign a new contract with a different company within our group. With this, I have been told I need to start over with a 3 month probation period and back to 1 weeks' notice.
I will be working in the same office, with the same people and both companies are owned by the same person and are UK companies. Is it not customary to port the employment status and notice period within divisions of the same company?
Thanks
Brad
07528 634 286
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. No this is not customary. The employer can terminate your existing contract by issuing you with the notice period required under the existing contract. Then they can issue you with a new contract on whatever terms they want even if it reduces your notice period or you are placed on probation. The key is that they terminate the current contract by giving you the notice you are due under it.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

Great. That's almost all I needed to know.
So, my existing contract will be terminated now and the new one starts 30 days hence.

However, they are asking me to resign the existing contract. I think it is they who should terminate.

Should I resign or do they terminate my contract?

Expert:  Ben Jones replied 2 years ago.
Hello, sorry I was offline when you replied. If you have the same notice period whether you resign or get dismissed then it does not matter who terminates it – your rights will be the same. You cannot be forced to resign but if you do not do so then they could instead issue you with notice of termination and the outcome would be the same. So if you want to appear cooperative then you may as well resign your employment and then start the new contract when the current notice period expires.
If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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