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Ross Miller
Ross Miller,
Category: Employment Law
Satisfied Customers: 973
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I have an addendum to my employment contract, on this

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I have an addendum to my employment contract, on this addendum the the signatures by the company director and myself are both witnessed by the same person - is this addendum still legally valid?
JA: Have you discussed the employment contract issue with a manager or HR? Or with a lawyer?
Customer: No
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee. No union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Part of the addendum refers to "notice period", but the term "notice period" is never used within the original employment contract - does is this part of the addendum legally valid?

Hello my name is Ross and I will be assisting you with this matter.

Thank you for the information. I can answer your question but if you have anything further to ask then please do as it sounds like there is maybe a bit more going on than you have asked. So basically if there is an addendum and it is signed by both parties then yes it would be legally binding. So if the company is giving you notice, or you are looking to give notice to the company then follow the regulations which are set out in the addendum. However, and not to complicated things, if there has been breach of the contract then you (or they) do not have to give any notice, even if it was written in the original contact.

I hope this information has helped.

 

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Kind regards

 

Ross

Ross Miller and 3 other Employment Law Specialists are ready to help you
Customer: replied 13 days ago.
Hi Ross, thanks for the answer. Can I also ask: part of the addendum refers to a change to the "notice period", but the term "notice period" is never used within the original employment contract - does is this part of the addendum legally valid? Is my notice period still legally what was in the original contract? Thanks

If the addendum changes the notice period then you will have to work off the one that is in the addendum. If there is no notice period mentioned in your contract then you would usually use a statutory notice which is one week for every year you have been there. So if you have worked for 3 years you would give (or be given) 3 weeks notice.

Customer: replied 13 days ago.
The contract in a generic template that states "until terminated by either party giving the other not less than 4 weeks' notice in writing" - will this be interpreted as a notice period even when the wording does not include the term notice period?

Yes it would, it means that you have to give minimum of 4 weeks notice, it doesn't strictly have to say "notice period". This is then notice you, or they would have to give unless the addendum changes that.

Customer: replied 13 days ago.
Thanks, sorry final thing I want to understand here. The contract states what is written in my previous message, but the addendum simply states "notice period is increased to 2 months in writing" without referring to any clause within the original contract - so does the addendum actually mean my notice is increased to 2 months when the wording in the addendum is different to the wording in the original contract? Can the addendum legally amend my notice when it uses different language and does not refer to the clause in the original contract?

Yes, if the addendum states 2 months then you wold have to give two months notice.