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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 66493
Experience:  Qualified Employment Solicitor
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Assistant: How can I help? I’ve applied for a role

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Assistant: Hello. How can I help?
Customer: I’ve applied for a role internally I do not have an offer yet but my manager called me stating that I am on a 3 months notice period which isn’t stated on my contract. My contract states one month. He said it’s normal for companies to do this internally. Now I’m afraid I won’t get the new role if it is 3 months period
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: And are they allowed to change this?
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I can’t speak with HR as everything I raise to them goes to my manager. I’m a permanent employee so not contractor
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I do not belong to a union I’m afraid I just want to know if they can just change my notice without me signing a new contract. And also if they will use my phone conversation as an agreement as it was pretty much my manager saying I had no other choice Thank you

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

How long have you worked there for?

Customer: replied 6 months ago.
Hi, I’ve worked there for just over 2 years

Thanks and why would you have to give notice if the new job is with the same company?

Customer: replied 6 months ago.
Because it will be with another department.

SO where do they get the 3 month notice period reference from?

Customer: replied 6 months ago.
if i would need to resign from my current role in order to start a new role within the same company. My current contract states a month notice but now they’re saying it’s 3 months. Which is why I’d like to know if they can just change it without getting me to sign or agree to anything
Customer: replied 6 months ago.
Does this help?

where do they get the 3 month notice period reference from?

Customer: replied 6 months ago.
I’m not sure my manager just came up with it
Customer: replied 6 months ago.
Can an employer just change the notice period without a new contract?

Not really and they should have communicated that to you in the first place anyway. All you have is the contractual reference which states 1 month,. There is no other evidence that the notice period has been changed – nothing has been issued or communicated to you to confirm this. On that basis you are still entirely within your rights to follow what you have, which means only giving 1 month’s notice.

Does this answer your query?

Customer: replied 6 months ago.
Many thanks for the clarification

All the best

Ben Jones and 2 other Employment Law Specialists are ready to help you