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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50209
Experience:  Qualified Employment Solicitor
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Resignation notice period dispute

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I have a contract of employment signed by my employer but not by me from when I started working at my firm 5 years ago. It states my salary and Notice period. My employer has issued a second contract (2 years ago) which I don't agree with. I have not signed it and gave it back with a list of queries for them to answer. They haven't yet responded. i have not had a salary increase since i started there, and have a copy of an email where they acknowledge that i haven't signed the second contract, and minutes of a meeting where i explained why i hadn't signed and it is noted that the next action is with the employer to go over my list of queries. I have since resigned, using the notice period from my first contract. My employer says I should use my second contract. Who is right?
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Were there any terms of the second contract which you had accepted, either directly or by starting to work under them?

Customer: No, except where the terms were the same as in the previous contract, my holiday leave was renegotiated separately and accepted.
Ben Jones :

the second contract would only be binding if you had accepted it. This could have been done in one of two ways – either by a direct acceptance where you signified you were happy with it (regardless of whether it was signed or not), or if you had implied that you accepted it. An implied acceptance would be in place if you had behaved in a way which would suggest that you accepted its terms, for example you started working under the other terms of the contract (let’s say you also received a pay rise with it and you accepted the increased pay). In your case you did not accept the contract directly, in fact there is evidence you were unhappy with it and had challenged its terms. You also did not imply an acceptance as there were not any specific terms which you had simply gone along with and agreed to so in this case the first contract should be the one that applies.

Customer: Thank you very much for your help!
Ben Jones :

you are welcome

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