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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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A couple of years ago I was promoted and in the letter they

Resolved Question:

A couple of years ago I was promoted and in the letter they gave me they said that they would change my notice period to 2 months. However I never signed that letter. I have just handed my notice but HR claims I am on 2 months as per letter. They say even without signature they can still enforce it. Is this correct?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

If you did not object to the letter at the time it was issued to you, there is an argument that you had an implied agreement that you had accepted the terms of the letter and you would therefore be bound by the 2 months notice period as stated in that letter.

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Customer: replied 3 years ago.

Hi there,


 


Even though I do not recall the letter, and HR do not have a signed version of the letter?


Thanks

Expert:  UKSolicitorJA replied 3 years ago.
In that case you may argue that the letter was never issued to you and as such you are not bound by it.

HR will have to prove that you received the letter, whether or not you signed it is not important if both you and your employer acted as if the letter was in force.

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