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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? 

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  • Polly's right on every point. The main one I would emphasize (and why I'd suggest this isn't a fight worth fighting) is that the obligation to give notice on the part of the employee is, in the vast majority of cases, a red herring. An employee can normally withdraw their labour without notice and suffer no significant detriment, the exceptions being very senior executives and major fee-earners whose operational loss can be shown to have a specific and quantifiable impact upon the business who could then pursue the leaver for civil damages as a consequence of breach of contract.

    For us mere mortals, the risk is negligible and an actual period of worked notice should always be subject to negotiation between the parties if either would like to vary the contractual agreement.
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  • Polly's right on every point. The main one I would emphasize (and why I'd suggest this isn't a fight worth fighting) is that the obligation to give notice on the part of the employee is, in the vast majority of cases, a red herring. An employee can normally withdraw their labour without notice and suffer no significant detriment, the exceptions being very senior executives and major fee-earners whose operational loss can be shown to have a specific and quantifiable impact upon the business who could then pursue the leaver for civil damages as a consequence of breach of contract.

    For us mere mortals, the risk is negligible and an actual period of worked notice should always be subject to negotiation between the parties if either would like to vary the contractual agreement.
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