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Change to notice period

Samantha

Hi a friend of mine had his contract changed last year, he was previously on a 1 month notice period but whilst he was on holiday last year his company changed his contract and notice period to 3 months.  As he never responded - he was abroad - the hr department accepted the change on his behalf.  How long notice period does he have to give should he wish to leave? 

Parents
  • This sounds like an odd situation, how long was he on holiday for? Did he raise objections on his return to work?

    If he actually never responded to being issued a new contract, then continuing to work for the company without raising a problem with the contractual terms would be a tacit acceptance of the terms. It's bad practice for the HR team to not follow up and get a signature/formal acceptance of a change in terms, but I *think* the law would be on their side. Having said that, if you end up defaulting to who's legally in the right or the wrong when negotiating an end date, something has gone pretty wrong in the employment relationship!

    Notice periods are often not set in stone anyway and depend on the needs of the business, as well as taking into account accrued leave etc so there may be flexibility depending on why they have a long notice period in the first place e.g. is it a business critical role?
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  • This sounds like an odd situation, how long was he on holiday for? Did he raise objections on his return to work?

    If he actually never responded to being issued a new contract, then continuing to work for the company without raising a problem with the contractual terms would be a tacit acceptance of the terms. It's bad practice for the HR team to not follow up and get a signature/formal acceptance of a change in terms, but I *think* the law would be on their side. Having said that, if you end up defaulting to who's legally in the right or the wrong when negotiating an end date, something has gone pretty wrong in the employment relationship!

    Notice periods are often not set in stone anyway and depend on the needs of the business, as well as taking into account accrued leave etc so there may be flexibility depending on why they have a long notice period in the first place e.g. is it a business critical role?
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